[Delhi Riots] Delhi Court grants surrender-cum bail to 13 accused
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Chief Metropolitan Magistrate (CMM) Shirish Aggarwal granted surrender-cum bail to 13 accused in the north-east Delhi Riots 2020 case noting that they were not arrested during the investigation.
A Delhi Court recently granted surrender-cum bail to 13 accused in connection with the north-east Delhi riots 2020.
While granting the relief to the 13 accused, Chief Metropolitan Magistrate (CMM) Shirish Aggarwal of the Karkardooma Court relied on Delhi High Court’s judgment in Court in its own Motion v. CBI (2004), wherein it was observed that if a person is free for several years and has not even been arrested during an investigation, to send him to jail by refusing bail suddenly just because a charge sheet has been filed is contrary to the basic principles governing the grant or refusal of bail.
The court observed that the Delhi High Court in the CBI case had held that on the appearance of an accused in a non-bailable offence who has not been arrested by the Police during the investigation or produced in custody under Section 170 CrPC, the Court shall call upon the accused to move a bail application if the accused does not move it on his own and release him on bail as the fact that he has not been arrested during an investigation or produced in custody is sufficient to entitle him to be released on bail.
The counsel for the accused argued that the 13 accused were not arrested during the investigation and that their custody was not required for any purpose, therefore they should be granted bail.
On the contrary, Special Public Prosecutor (SPP) RCS. Bhadoria for State Government opposed the bail applications stating that the allegations against the accused are serious in nature.
“Since the accused persons were not arrested during the investigation, the 13 applications of the 13 accused persons for surrender-cum-bail are allowed,” the court noted.
The court directed all the 13 accused persons to furnish a personal bond of Rs.20,000 with one surety of like amount.
Court also directed them to furnish all the particulars/documents as per Annexure B as prescribed in Delhi High Court’s judgment in Sunil Tyagi v. State (NCT of Delhi), 2013.
Case Title: State v. Rajman @ Babbu