Document Fragment View
Fragment Information
Showing contexts for: granting interim bail in Malvinder Mohan Singh vs State & Anr. on 10 August, 2020Matching Fragments
3. Vide order dated 15.05.2020, the prayer made by the petitioner seeking to be released on interim bail/parole,- was declined, however, vide paragraph 19 of the order dated 15.05.2020, it was expressly observed to the effect that nothing stated in the said order dated 15.05.2020 would amount to any expression on the merits or demerits of W.P.(CRL) 814/2020 nor would the dismissal of the prayer made by the petitioner seeking the grant of interim bail/parole, prevent the Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:10.08.2020 16:40:42 This file is digitally signed by PS to HMJ ANU MALHOTRA.
for being considered for interim bails/paroles and these included UTPs/convicts arrested and sentenced for the offences investigated/prosecuted by the CBI/ED/NIA /Special Cell of Delhi Police etc.
28. It has been submitted on behalf of the respondent no.1 that the applicant has not chosen to file any application for regular bail and is rather insisting for the grant of interim bail taking advantage of the present pandemic situation and that the interim bail/parole of the applicant had been dismissed on 15.05.2020 and it was either open to the petitioner to assail the same or to seek the grant of regular bail in terms of Sections 437/439 of the Cr.P.C., 1973. It has inter alia been submitted on behalf of the respondent no.1 that the petitioner and the similarly placed persons have been arrested after detailed and reasoned investigation carried out by agencies and that the crimes allegedly committed by these persons are not those which can be committed in the heat of the moment but are committed in a cool and calculated manner causing great amount of loss to the general public and economy of the country and that the Hon'ble High Powered Committee of this Court keeping various factors in mind has rightly chosen not to give the benefit of the minutes to persons alleged to have committed such offences. The respondent no.1 has further submitted that white collar crimes especially of the nature as the present case are a class apart with huge amount of public money involved in these cases which have weakened the economic foundation of the country.
Thus, no prisoner in whatsoever category/class he falls and whatever nature of offence he is facing trial, can seek or claim to be released from prison as a matter of right.
Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:10.08.2020 16:40:42 This file is digitally signed by PS to HMJ ANU MALHOTRA.
This Committee while arriving at its decision in earlier meetings as well as in laying down the criteria today for release of the categories of prisoners on interim bail herein above, had taken into account the overall holding capacity of Delhi Prisons, existing strength on the dates of the Meetings and also the nature of offences for which the prisoners were lodged in jails. The Committee deliberated upon the categories/class of prisoners depending upon the nature of offence for which they were in jail for considering them for grant of interim bail/parole as the case may be. The committee had also considered to exclude certain nature of cases under the Special Acts like POCSO, MCOCA, PC Act, NDPS, PMLA, UAPA, Terror related Cases, Rape Cases under Section 376 IPC besides those which have been investigated by CBI/ED/NIA/Special Cell of Delhi Police, Crime Branch, SFIO, to be excluded from consideration zone for being released on ''interim bail''. The said decision was taken only after considering the relevant factors and on the basis of objective satisfaction arrived at by the Committee. The criteria was adopted taking into consideration class/category of offences in mind and not having prisoner-centric approach. The object was only to release some of the prisoners and not all the prisoners on a reasonable classification arrived at on the basis of orders passed by Hon'ble Supreme Court, intending to implement the same in letter and spirit. The submissions made in the representation in hand, relates to the applicant only. However, the Committee as stated earlier, was not formed to look into merits or demerits of an individual case for being released on interim bail, rather it was formed to lay down a criteria taking into consideration a particular class and not any particular prisoner or inmate.
41. The very observations of the Hon'ble High Powered Committee vide its minutes dated 20.06.2020 observing to the effect that the criterion adopted in the minutes of the meeting dated 28.03.2020 which are the minutes impugned vide the present petition and then adhered to by the Hon'ble High Powered Committee of this Court vide its minutes dated 07.04.2020, 18.04.2020, 05.05.2020, 18.05.2020, 20.06.2020 and 31.07.2020, did not affect the rights of the UTPs not standing covered under those categories whereby interim bail was considered to be granted, from invoking the jurisdiction of the concerned Courts for the grant of regular/interim bail and that the Courts concerned may consider such applications filed by such UTPs not falling within the category of prisoners for the alleged commission of offences, which did not fall within the ambit of those category of prisoners who could be considered by the Courts concerned for the grant of interim bail in view of COVID-19 pandemic, could invoke the jurisdiction of the concerned Courts for the grant of regular/interim bail, makes it apparently clear that the minutes of the Hon'ble High Powered Committee of this Court dated Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:10.08.2020 16:40:42 This file is digitally signed by PS to HMJ ANU MALHOTRA.