Delhi Court on Monday has granted interim bail to a man accused under section 302 IPC, for a period of 45 days stating that it is strictly in compliance with the orders passed by the Supreme Court in Re: Contagion of COVID19 Virus in Prisons and in accordance with the Delhi High Court directions related to release under trials.
ASJ Naveen Kumar Kashyap, has passed the orders on the application filed by Delhi Legal Services Authority (DLSA) through jail superintendent concerned that accused is in Judicial Custody since more than 2 years.
Court relied on the judgement passed by the Hon’ble Apex court in Re: Contagion of COVID19 Virus in Prisons and by the Delhi High Court in “Shobha Gupta and Ors Vs Union of India & Ors” wherein Court had directed to release the under-trails, who are booked in only 1 case in which maximum sentence is 7 years or less and who have completed minimum 3 months in jail, it was proposed that they shall be granted interim bail for 45 days upon a request made by them preferably on a personal bond.
It has been informed through report filed by IO/SHO that accused has no previous conviction or involvement record. Further, it was stated that offences alleged against the accused are, inter alia, under Section 302 IPC.
The court said, “in view of above position, facts and circumstances of the present case, reply given by IO and directions by Hon’ble High Court of Delhi, case of the accused is covered under directions as passed by the Hon’ble High Court, as mentioned above. Further, accused is in JC since more than two years at present.”
“As such, in view of the direction of the Hon’ble High Court, applicant/accused is admitted to interim bail for a period of 45 days from the date of release on furnishing personal bond in sum of Rs 10,000/- to the satisfaction of the jail superintendent concerned,” said the Court.
The Court further went on to directed that before release of applicant/ accused, concerned jail superintendent shall ensure strict compliance of all the relevant directions, more particularly the directions contained in order dated 13/04/2020, issued by Hon’ble Apex Court in Suo Motu WPC 01/2020 as well as directions issued by the Hon’ble High Court in case titled as “Shobha Gupta & Ors Vs Union of India & Ors” and thereafter from time to time as mentioned above.
It is pertinent to mention that Apex Court had took Suo Motu cognizance in order to de-congest prisons in view of the outbreak of the COVID19 Pandemic. The Court had directed each State and Union Territory to constitute a ‘High Powered Committee’ to determine which class of prisoners can be released on parole or an interim bail for such period as may be thought appropriate. It had directed that the States/UTs could consider the release of prisoners who have been convicted or are under trials for offences which prescribed punishment is up to 7 years or less.
Section 302 in The Indian Penal Code
302. Punishment for murder.—Whoever commits murder shall be punished with death, or 1[imprisonment for life], and shall also be liable to fine.
Read the Order Here;
-India Legal Bureau