New Delhi [India], November 4 : The Delhi High Court on Monday granted bail to Mohd. Jalaluddin, an accused in a case linked to the North-East Delhi riots on the grounds of non-commencement of trial.
He has been granted bail on the condition of furnishing a bail bond worth Rs 50,000 and one surety bond of the same amount. He is an accused in the murder case of Head Constable Ratan Lal and of injuring police personnel on Wazirabad Main Road in the Dayal Pur area during the riots in February 2020.
The High Court noted that the accused has remained in custody since March 11, 2020, for more than three and a half years in a case where the trial has not commenced despite 270 prosecution witnesses. Of 28 accused, 21 have already been granted bail including several proclaimed offenders, the bench observed.
"The determination of his guilt or innocence is taking a huge amount of time to be completed. Given the same, the petitioner cannot be incarcerated, in jail, for an indefinite period as doing so will hamper his Fundamental Right enshrined under Article 21 of the Constitution of India," the Delhi HC observed.
This court is required to balance the state's interest while acknowledging the rights of the accused persons, the bench headed by Justice Chandra Dhari Singh said, adding that this court categorically finds that the present case violates the undertrial rights of the petitioner.
"Keeping in view of the above facts and circumstances as well as the stage of the trial in the instant case, this Court finds that the petitioner cannot be made to languish behind bars for an indefinite period and in the interest of justice, he is entitled to the relief of bail," Justice Singh said in his order.
While granting bail, the bench noted that seven supplementary chargesheets have been filed in this matter and the investigation of the present petitioner stands complete.
"The petitioner is a 36-year-old with no criminal antecedents and has been behind bars since 11th March 2020. Furthermore, the petitioner has suffered pre-trial incarceration for a period spanning about 3 years and 7 months," the bench observed.
"Furthermore, this court is of the considered opinion that it is the duty of the judicial pillars of this country that an accused is not unnecessarily deprived of his personal liberty as enshrined under Article 21 of the Constitution of India," Justice Singh said.
"Undoubtedly, bail is a rule and jail is an exception, therefore, it is imperative to state that if a Court finds sufficient grounds to enlarge an accused on bail, it must exercise its powers discretionarily and uphold the principles of justice for an accused languishing in jail while ensuring the proper enforcement of procedural law as envisaged in the provisions of the BNSS," Justice Singh added.
Advocate Kartik Venu, counsel for the accused, submitted that the petitioner was not a part of the riot that took place on February 24, 2020, as before his arrest, the petitioner was working as a property broker in the Chand Bagh area.
The defence counsel further submitted that the petitioner is entitled to be released on bail on grounds of parity as 21 out of 28 accused persons have already been granted bail by the predecessor bench of this Court and by the concerned Sessions Court.
On the other hand, the Special Public Prosecutor (SPP) submitted that the identity of the accused petitioner was established based on the statements made by Head Constable Sunil and Constable Gyan, indicating the accused was part of the illegal mob.
The SPP also submitted that a video recorded by public witness Vishal Choudhary shows the accused (petitioner), wearing a blue kurta and black jacket, pelting stones at the police personnel.
"According to the FIR, all the furious protestors proceeded to Wazirabad Main Road in Delhi with weapons such as baseball sticks, iron rods and stones with a common intention to kill the police personnel on duty. The police officials warned the protestors that legal action would be taken against them in case of further disobedience, however, in rage and furtherance of their common intention, all the protestors started pelting stones at the police officials with sticks, baseballs and iron rods," the public prosecutor said.