Haroon Pasha v. State Of NCT Of Delhi
$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1500/2020 HAROON PASHA ..... Petitioner Through Mr Ravindra Narayan, Advocate.
versus STATE OF NCT OF DELHI ..... Respondent Through Mr Ravi Nayak, APP for State.
With SI Jatan P.S. M.S. Park.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
O R D E R
% 22.07.2020 [Hearing held through videoconferencing] 1.
The petitioner has filed the present application seeking interim bail for a period of three months in FIR No. 214/2013 under Section 394/307/397/34 IPC and Section 25/27 of the Arms Act registered with PS Man Sarover Park.
2.
As per the nominal roll, the petitioner has already served a total period of six years, seven months and two days in custody as on 11.07.2020. 3.
It is also pointed out that the petitioner was involved in nine other cases. However, he was acquitted in three of the said cases and discharged in two of them. He has served his sentence in two cases. According to the additional status report only one other case against the petitioner (FIR No. 508/2006 under 392/397 IPC P.S. Defence Colony) remains in addition to the present FIR 214/2013. However, the nominal roll indicates that the
petitioner was also involved in FIR 549/2006 under Section 307/353 IPC registered with PS Defence Colony and is on bail in that matter. The records pertaining to FIR No. 508/2006 under Section 392/397 IPC PS Defence Colony are not readily available.
4.
Mr Narayan, learned counsel appearing for the petitioner states that the petitioner is involved only in one other case registered at PS Defence Colony.
5.
Be that as it may, since the petitioner has either been acquitted, discharged or has served his sentences in eight cases and had been in custody for a substantial period in this case, this Court considers it apposite allow the present petition. The petitioner is directed to be released on interim bail for a period of three months from the date of his release subject to his furnishing a personal bond in the sum of ₹20,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent/Duty Magistrate. 6.
This is also subject to the following further conditions:- (a) that the petitioner shall provide a contact number and ensure that he is reachable at all times; (b) that the petitioner shall proceed directly to his residence in Uttar Pradesh and shall telephonically inform his whereabouts to the concerned SHO PS Defence Colony;
(c) that the petitioner shall contact the SHO telephonically on Monday of each calendar week and report his whereabouts;
(d) that the petitioner shall report to the local police station where he lives immediately on his reaching his village/ residence and just prior to his departing from his residence/ village;
(e) that the petitioner shall not directly or indirectly contact any of the witnesses or the complainant. 7.
The petition is allowed in the aforesaid terms. 8.
A copy of this order be communicated to the Jail Authorities electronically.
VIBHU BAKHRU, J JULY 22, 2020 pkv