New Delhi, Jun 12 (ILNS) The Delhi High Court has observed that each case is required to be considered on its own merits by taking into consideration the guidelines laid down by the High Powered Committee (HPC) for grant of bail.
A Single-Judge Vacation Bench of Justice Rekha Palli, while allowing a bail application filed under Section 302 (Murder) of Indian Penal Code, noted that a case covered under the HPC guidelines doesn’t give indivisible right to claim that bail has to be granted.
The bail application has been filed by a murder accused, who has been in jail since last two years as an undertrial prisoner, seeking suspension of sentence on the ground that his case falls in the category allowed for interim suspension of sentence in the guidelines issued by HPC.
Advocate Birendra Kumar Pandey, appearing for the petitioner, submitted, “The petitioner is a young man of 27 years of age having clean antecedents and has never been involved previously in any case…already spent more than two years as an undertrial prisoner…maybe granted interim suspension of sentence for a period of 45 days in accordance with the guidelines issued by the High Powered Committee of this Court.”
Whereas, the Additional Public Prosecutor contended, “The petitioner is charged with a heinous offence – under Section 302, IPC and if released on bail, there is every likelihood that he will tamper with the ongoing investigation against the other four co-accused, who are stated to be still absconding.
“Merely because the case of the petitioner falls in the additional criteria ‘xii’ of the guidelines issued by the HPC on May 11, 2021, he does not have an indivisible right to be released on interim bail,” he added.
However, the Bench, while allowing the suspension of sentence for 45 days, accepted the contention of APP over the HPC, stating that each case has to be considered on its own merits. ILNS/KR/RJ