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SUBRAMONIUM PRASAD
Aman Abbas – Appellant
Versus
State – Respondent
JUDGMENT
Subramonium Prasad, J. - This is an application under Section 439 of the Code of Criminal Procedure (Cr.P.C.) seeking regular bail in FIR No.87/2020 dated 25.02.2020 registered at Police Station New Usman Pur, Delhi for offences under Sections 147, 148, 149, 188, 307, 427 of Indian Penal Code (IPC) and Sections 25 and 27 of the Arms Act.
2. A perusal of the FIR shows that an information was received on 25.02.2020 that persons belonging to Muslim community have gathered in the area and are indulging in rioting and a few of them are armed with weapons and are resorting to firing, throwing stones and are demonstrating. On receiving the information the Police reached the spot and injured persons were taken to the hospital for treatment. Eyewitnesses were traced and FIR No.87/2020 under Sections 147, 148, 149, 188, 307, 427 of Indian Penal Code (IPC) and Sections 25 and 27 of the Arms Act was registered. The petitioner was arrested on 02.05.2020.
3. The petitioner approached the Sessions Court seeking bail but the same was rejected by an order dated 26.08.2020. Co-accused, Mohd. Naim, was granted bail by this Court on 18.09.2020. Claiming parity with the case of Mohd. Naim the pet
The delay in trial commencement and the similarity of the petitioner's case to a co-accused who was granted bail were key factors in granting bail.
A court may grant bail under Section 439 of Cr.P.C. considering factors like duration of custody, similarity of cases, and risk of trial delays.
The court emphasized the need for a clear finding regarding the nature of unlawful common object and highlighted the principles of personal liberty in granting bail based on the length of incarcerati....
The court balanced the principles of personal liberty and the need for proper enforcement of criminal law in granting bail to the Petitioner.
The court emphasized the need for a clear finding on the nature of unlawful common object and highlighted the importance of considering the length of incarceration and the unlikelihood of a timely tr....
Bail is the rule and jail is the exception, and Courts must uphold the tenets of personal liberty, subject to rightful regulation by validly enacted legislation.
The main legal point established in the judgment is the need for a clear finding regarding the nature of the unlawful common object in cases involving Section 149 IPC and the discretion of the court ....
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