Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Del) 925

IN THE HIGH COURT OF DELHI AT NEW DELHI
Talwant Singh, J.
Mohd Imam @ Imamuddin - Appellant
Versus
State NCT Of Delhi - Respondent
Bail Appln. 403/2022
Decided On : 20-07-2022

Advocates appeared:
Mr. Joginder Tuli adv, Ms. Joshini Tuli and Mr. Shrikant Sharma, Advs, for the Petitioner; Ms. Meenakshi Chauhan, APP, Insp. Vikas Rana, Crime Branch, sSunlight Colony, for the State

The court may grant bail based on the accused's prolonged custody, family responsibilities, and the circumstances of the case.

Headnote:
Bail - Criminal Law - IPC 307/186/353/34, Arms Act 25/27 - The court granted bail to the accused based on the facts and circumstances of the case, the accused's prolonged judicial custody, and his responsibility as a father to three minor children. The court imposed specific conditions for the bail.
Fact of the Case:

The accused, a father of three minor daughters, had been in continuous judicial custody for over 16 months. He had filed complaints and a writ petition against police officials and was charged under IPC 307/186/353/34 and Arms Act 25/27. The accused claimed to be falsely implicated due to his complaints against the police officials.
Finding of the Court:

Considering the prolonged custody, the accused's family responsibilities, and the fact that he was injured in the incident, the court granted bail with specific conditions.
Issues: Prolonged custody, family responsibilities, nature of the charges, and the accused's alleged history of involvement in criminal cases.
Ratio Decidendi: The court considered the accused's prolonged custody, family responsibilities, and the fact that he was injured in the incident as key factors in granting bail.
Final Decision: The court granted bail to the accused on execution of a personal bond of Rs. 25,000/- with specific conditions regarding mobile location, travel restrictions, court appearances, and contact with witnesses.

JUDGMENT

Talwant Singh, J. - This is a second bail application of the accused/applicant.

1.1 Earlier bail application was dismissed as withdrawn on 11.10.2021. Thereafter, the regular bail application of the petitioner was dismissed by the learned ASJ on 31.01.2022.

2. The petitioner is stated to be a 35 year old person, married and having three minor school going daughters. He was arrested in the present case on 19.03.2021 and is in continuous judicial custody since then.

3. Charge sheet stands filed on 17.05.2021 under Section 307/186/353/34 IPC and under Section 25/27 of the Arms Act. The case was at the stage of Misc./Appearance when the bail application was filed. It has been submitted that there are no public witnesses in the present case. It was the petitioner, who was injured in the present case and none of the police officials were inujured.

3.1 The petitioner was shot at by the police officials who are witnesses in the present case and he received four bullet injuries. Giving background of the matter, it has been submitted that the petitioner had filed a writ petition in 2016 for conducting vigilance enquiry against police officials of Nand Nagri and the Hon'ble High Court was pleased to direct on 24.01.2017 for transfer of the said police officials from PS Nand Nagri and enquiry was conducted against erring police offilicals.

3.2 On 24.02.2021, a complaint was filed by wife of the petitioner to the Police Commissioner stating that the petitioner was beaten up by the police officials from PS Nand Nagri and he had sustained head injuries and he was falsely implicated in case FIR No. 151/2021, registered at PS Nand Nagri.

3.3 Another complaint was made on 26.03.2021. The petitioner also made a complaint on 03.04.2021 and a writ petition no. 771/2021 was filed praying for vigilance enquiry against police officials of Special Cell, who had staged false encounter against the petitioner. The said petition was dismissed on 30.07.2021.

3.4 The petitioner is stated to be in custody only in the present case and he is on regular bail in two cases in which he was falsely implicated. The bail has been prayed on the ground that he is in continuous judicial custody since 19.03.2021. He had lodged a complaint and sought enquiries against the police officials, that is the reason why he has been falsely implicated in the present case.

3.5 The petitioner was kidnapped by police officials of Special Cell on 19.03.2021, and thereafter, the present case was registered. Prior to this, the petitioner was mercilessly beaten up by the police officials on 23.03.2021 and he sent a complaint to the higher officials. On this ground, the petitioner has prayed bail.

4. Notice was issued.

5. Status report has been filed, giving details of the FIR registered against the present petitioner.

5.1 It is alleged that on receipt of secret information, a trap was laid and on seeing the police officials, the petitioner tried to run away from the spot on a scooter but he was intercepted and the petitioner started abusing the police officials, started running from the spot and also started firing at the police officials, who returned the fire in self defence, in which the accused sustained gunshot injuries on his legs.

5.2 The petitioner was admitted to Trauma Centre, AIIMS for treatment, and thereafter, he was arrested. Investigation was transferred from Special Cell to Crime Branch, Delhi. No CCTV camera was found near the spot.

5.3 The applicant/accused is a notorious criminal of his area and his name is placed in the History Sheet of PS Nand Nagri. He was found involved in 26 cases previously. The accused had attacked and obstructed the police officials from performing their official duty.

5.4 Charge sheet stands filed and the case was committed to sessions.

5.5 The bail application has been dismissed twice by the learned ASJ and his earlier bail application was dismissed as withdrawn from this Court. There is no change in circumstance.

6. A Further Status Report was filed

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