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The High Court of Delhi has granted an interim bail to a man accused under the section 302 of Indian Penal Code - Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine. for a period of 45 days stating in the order that the bail has been granted strictly in compliance with the orders passed by the Supreme Court in RE: Contagion of COVID 19 Virus in prisons and in accordance with the directions related to release under trials given by Delhi High Court.
The order has been passed by ASJ Naveen Kumar Kashyap, on the application filed by the Delhi Legal Services Authority (DLSA) through the superintendent of jail and stated that the accused is in judicial Custody for more than 2 years.
The court followed the judgement passed by the Supreme Court in Re: Contagion of COVID 19 Virus in prisons and another judgement by the High Court of Delhi in Shobha Gupta Ors vs Union of India & Ors, where the court had directed to release the under trials , who are booked in only one case in which maximum sentence is seven years or less and who have completed minimum three months in jail, it is proposed that the accused should be granted an interim bail for forty five days upon a request made by the accused on a personal bond.
The report also stated that the accused had no previous conviction or involvement record. Further, report stated that the offences alleged against him are, inter alia, under section 302 of IPC.
The court stated that in view of the facts of the report, circumstances of the present case, reply given by the Investigating Officer and under the directions of the Delhi HC, case of the accused is covered under all directions given by the court and furthermore the accused is in the Judicial Custody for more than two years. The court granted an interim bail for a period of forty-five days from the date of release on furnishing a personal bond of Rs. 10,000 to the satisfaction of the superintendent of jail.
The court directed that the accused before released, the concerned jail superintendent shall ensure strict compliance of all the relevant directions given in the order, issued by the Supreme Court in Suo Motu WPC 01/2020 as well as directions issued by the High Court in case Shobha Gupta & Ors Vs Union of India & Ors” and thereafter from time to time as mentioned before.
It is relevant to mention that the Supreme Court took Suo Moto cognizance in order to de-congest the prison premises due to the COVID 19 outbreak and 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 a period that may seem fit according to the need. The court further suggested that the prisoners who have been convicted or are under trial for offences whole punishment is up to seven years or less can be released.
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