Criminal Procedure Code, 1973
Section 439—Bail—Delhi Riot Case—FIRs registered under Sections 147, 148, 149, 153A, 307, 427, 436 & 505 of IPC—After examining each of these FIRs in isolation, a clearer picture emerges of the scope and extent of the offences for which the petitioner is charged with—Custody of 3 years as an under-trial has already overshot some of the maximum period of punishment prescribed in some of these offences—There are other aspects in the matter regarding improvements in statements, delay in the registration of FIRs, copy-paste statements of various police witnesses and public witnesses as well as also the discrediting of police witnesses—Such aspects are not necessary to delve into since, in each of the FIRs, the petitioner would be entitled to bail, inter alia due to some of offences being bailable, the period of incarceration exceeding maximum periods of sentence prescribed, all other co-accused having been given bail, charges have not been framed in three of the FIRs even after 3 years, and even in the two FIRs where there are allegations of firearm injury, the person accused of shooting having already been given bail—Notwithstanding the fact that petitioner was an influential political person in that area, being the Municipal Corporator, the petitioner had attempted on multiple occasions to call the police in relation to the rioters—Whether these statements are accurate or not will have to be tested in the trial—At this stage, considering the specific offences for which the petitioner has been charged with in these FIRs, the petitioner would be entitled to be enlarged on bail in these five FIRs—Fit case for grant of bail to the petitioner in these five FIRs—Applications allowed.
[Paras 11, 15 & 16]