In a bail application filed before the Delhi High Court seeking regular bail in a case regarding a First Information Report (FIR) for offences punishable under Sections 302/307/34 of the Indian Penal Code, 1860 (IPC), a Single Judge Bench of Justice Girish Kathpalia allowed the applicant to be released on bail while expressing concern over the pendency of the present bail application.
The application was first taken up on 20-12-2024, and thereafter, the same kept getting adjourned. The applicant expressed his anguish that his bail application had remained pending before the Trial Court for 25 months despite having filed early hearing applications, and that his suffering continued even before this Court.
The facts of the matter are that the complainant was sitting and talking with his friends when the accused persons, including the present accused, reached the spot and started a quarrel. The present accused caught one of the friends from behind who was trying to save another friend, and as a result, the accused persons stabbed the two friends. One friend passed away, whereas the other one survived.
The applicant submitted that he had been in custody since 24-10-2021 and that the person whom the present accused held from behind survived the incident, which occurred in the spur of the moment.
The Court stated that it was a serious concern that bail applications remained pending for such an inordinately long period before the Trial Court, as well as this Court. It was said that a bail application should not remain pending for such long periods as that in itself is a trauma for the incarcerated accused and a violation of his fundamental rights.
Thus, the Court allowed the applicant to be released on bail subject to furnishing a personal bond of Rs. 10,000/- with one surety of like amount. Thus, the application was disposed of.
Appearances:
For Petitioner – Mr. Aman Akhtar
For Respondent – Mr. Sanjeev Sabharwal (APP)
