Shashi Verma v. State

SINDHU KRISHNAKUMAR 23.06.2020 21:06 $~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1211/2020 & CRL.M.A. 7523/2020 SHASHI VERMA ..... Applicant Through:

Mr. Maninder Singh & Mr. Ajay Kumar Pipaniya, Advocates versus STATE ..... Respondent Through:

Ms. Meenakshi Dahiya, APP

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 23.06.2020 1.

This hearing has been held by video-conferencing. 2.

The present bail application has been filed by the Applicant seeking interim bail on the basis of the minutes of the High Powered Committee dated 18th May, 2020, which have now been further revised on 20th June, 2020. The Applicant has been charged under Sections 498A/304B/34 IPC. The Applicant had earlier filed for regular bail, which was however withdrawn as recorded in order dated 11th May, 2020. For the present, the Applicant seeks only interim bail on the basis of the minutes of the High Powered Committee. Mr. Maninder Singh, ld. counsel appearing for the Applicant submits that the Applicant, being the husband of the deceased is clearly covered by the minutes of the High Powered Committee. 3.

Ms. Dahiya, ld. APP submits that the charges against the Applicant are quite grave, as the wife of the Applicant passed away just around three months after marriage itself. She also seeks to derive support from the

statements made by the relatives of the deceased. 4.

A perusal of the minutes of the High Powered Committee, as revised on 20th June, 2020 clearly shows that those undertrial prisoners who belong to several categories, as set out under Item No. 6 of the minutes, are entitled to interim bail for 45 days. The relevant portion of the minutes of the High Powered Committee is set out below:

"The Members of the Committee discussed the report submitted by the DG (Prisons) vide his letter dated 13.06.2020 and resolved that prisoners falling in following criteria may now be considered for grant of interim bail for 45 days in view of the circumstances in which we are in, preferably on 'Personal Bond.'

(i) Under trial prisoners (UTPs) (who are related as spouse of the deceased) facing trial for a case under Section 498A and 304B IPC and are in jail for more than two years with no involvement in any other case;"

5.

Moreover, the Court has also perused the nominal roll, which shows that the conduct of the Applicant is satisfactory and that the Applicant has been in custody for 2 years and 23 days. In view of the fact that the Applicant is squarely covered by the minutes extracted above, this Court is of the opinion that the Applicant is entitled to interim bail. 6.

In view of the above, the Applicant is released on interim bail for a period of 45 days from the date of release subject to the following conditions:

i) That the Applicant shall remain in Delhi, and shall be continuously in touch with the Investigating Officer through his active mobile number;

ii) That the Applicant shall furnish a personal bond to the tune of Rs.20,000/- to the satisfaction of the Jail Superintendent, Central Jail

No.7, Tihar Jail, New Delhi;

iii) The Applicant shall not contact any of the Prosecution witnesses.

7.

The Applicant shall surrender immediately after the expiry of the interim bail. With the above observations, the present Bail Application is disposed of. All pending applications are also disposed of. 8.

The Registry shall communicate a copy of this order to the Jail Superintendent, Central Jail No.7, Tihar Jail, New Delhi. PRATHIBA M. SINGH, J JUNE 23, 2020 Rahul