Read Time: 05 minutes

Synopsis

A Delhi Court has recently dismissed an application of a 2020 northeast Delhi riots case accused seeking interim bail to attend the wedding of his sister, saying such relief is granted only in "exceptional circumstances".

Additional Sessions Judge (ASJ) Pulastya Pramachala of Karkardooma Court said that attending the wedding ceremony of a sister was not an exceptional circumstance warranting it to overlook its decisions on five earlier occasions declining interim bail to the accused on merit.

“The last bail application of the applicant was rejected on 06.06.2023. Applicant has been denied bail on the merits of the case till date. Interim bail is granted in exceptional circumstances only. Attending marriage and other ceremonies of the sister is not that kind of exceptional circumstance, due to which the court should overlook its decision taken so far declining bail to the applicant on merit. Therefore, I am not inclined to grant interim bail on the ground taken by applicant, because it is only his wish to attend the ceremonies. The arrangement of the marriage can be done by other family members”, the court said in its order dated July 13.

The court was hearing the sixth interim bail application of Mohammed Wasim@ Bablu against whom an FIR was registered at Dayalpur police station under various provisions of Indian Penal Code (IPC), including rioting, and Sections of the Arms Act and Prevention of Damage to Public Property Act.

The ASJ noted that no document related to the marriage in the form of wedding card, cooking of any catering, marriage hall etc. were provided. It is further noted that there are two other brothers of the applicant, who can take care of the arrangement of this marriage.

Opposing the interim bail application, the Special Public Prosecutor submitted that the applicant was declared proclaimed offender as he had been absconding and after lot of efforts, he was arrested on September 28, 2022. Therefore, he should not be granted interim bail.

The court granted the option to attend the marriage ceremony in custody parole subject to payment of requisite expenses for the same.

“Applicant shall furnish details of venue of this marriage before Jail Superintendent concerned and on deposit of the requisite fee/expenses for custody parole, he should be taken to such venue of marriage on 23.07.2023 for a period of four hours”, the court ordered.

The court further directed that the accompanying officials with the applicant should be in civil uniform in view of the given description of the function.

Case Title: State v. Mohd. Saleem Khan