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IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA
Sahil Wajid, S/o. Late Sh. Hammad Abdul Wajid – Appellant
Versus
State, Through SHO P.S. Sarita Vihar – Respondent
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. Petition under Section 528 read with Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘B.N.S.S.’)/ Section 482 read with Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.) has been filed on behalf of the Petitioner for Quashing of Order dated 06.05.2025 whereby the Learned ASJ-07, Saket Courts (South-East) granted Bail to the Respondents in FIR No. 127/2024 dated 11.04.2024 under Sections 328 /381 of the Indian Penal Code, 1860 (hereinafter referred to as ‘ IPC ’) registered at Police Station Sarita Vihar and all the proceedings emanating therefrom.
2. The brief facts are that on 11.04.2024, a Complaint was made by the Petitioner at Police Station Sarita Vihar on the allegation that Respondent No. 2, Ms. Sujata Rao who was working as the house-help in the family of the Petitioner, committed theft of jewellery worth more than Rs.10,00,000/- from their house in late 2023. She was under suspicion initially but she abruptly left for her native place. She returned in September, 2023 on coming to know that the Petitioner’s family were searching for house-help to take care of
The necessity of written grounds for arrest ensures the rights of the accused and preserves judicial integrity, with procedural lapses not alone determining Bail's validity.
Procedural lapses in communicating grounds of arrest do not automatically render custody illegal unless they cause demonstrable prejudice, emphasizing compliance with Articles 21 and 22(1) of the Con....
The failure to communicate grounds of arrest constitutes a violation of constitutional rights under Articles 21 and 22(1), rendering the arrest illegal and necessitating bail even amidst statutory re....
The court affirmed that grounds of arrest must be communicated in writing to the accused, ensuring compliance with constitutional rights and enabling effective legal defense.
(1) In bailable offence, right of accused to get bail is absolute and indefeasible right and courts have no discretion in granting bail.(2) Criminal Courts should consider bail applications particula....
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