Tuesday, July 23, 2024

Delhi HC expresses dismay over continued detention despite bail, orders verification of pending cases

Delhi HC expresses dismay over continued detention despite bail orders

The Delhi High Court, on a habeas corpus petition seeking the release of the petitioner from Tihar Jail, expressed dismay over the continuing detention despite claims of being admitted to bail. The court noted the petitioner’s contention that he had already been granted bail and observed: “We are constrained to note that due to the disputed status of cases against the petitioner, he has not been released and forced to stay behind bars.”

The petitioner, in custody since 2014, claimed to have obtained bail in most cases for non-bailable offences. Release warrants were issued in July, but the petitioner remained incarcerated as the jail authorities did not process his release. Disputing the nominal roll, he argued that the reflected cases included those that did not exist, had been dismissed, or where he was not a party.

The court took a serious view of the matter and directed the Principal District & Sessions Judge of Patiala House Court and Saket Court to verify the status of the cases against the petitioner. Stressing on the disputed nature of the cases, the court deemed it necessary to examine the exact position and status of the cases. The status report will be prepared and verified by the judges concerned and the petitioner’s counsel with their records. The court ordered specific directions for the judges to prepare their own status reports.

The court had earlier directed the petitioner’s release, subject to verification of the claims made by his counsel. However, it later discovered that production warrants were received from certain courts in eight cases, preventing the petitioner’s release. The matter is scheduled for further hearing on November 28.





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