The trial court in Delhi has granted bail in reference to the order passed by Justice AnupJairam Bhambhani of the Delhi High Court on 29/05/20 to accused Firoz Khan in all other FIRs registered against him in the Delhi riots.
The Delhi High Court had granted bail to Faisal Khan in the May 29 order, where it was noted that prison is primarily for punishing convicts; not for detaining under trials to send any ‘message’ to society.
”The remit of the court is to dispense justice in accordance with law, not to send messages to society. It is this sentiment, whereby the State demands that under trials be kept in prison inordinately without any purpose that leads to overcrowding of jails; and leaves under trials with the inevitable impression that they are being punished even before trial and therefore being treated unfairly by the system. If at the end of a protracted trial, the prosecution is unable to bring home guilt, the State cannot give back to the accused the years of valuable life lost in prison. On the other hand, an accused would of course be made to undergo his sentence after it has been awarded, after trial.”
-Highlighted the Court
On 6 June 2020, the trial court in Karkardooma, relying upon the said order, granted bail to Firoz Khan in other FIRs registered against him for offences in delhi riots case under sections 147,148,149, 427, and 436 of the Indian Penal Code.
The trial court, while granting bail noted:
‘Keeping in view the fact that the circumstances of the present case falls squarely within purview of judgment of the Hon’ble High Court of Delhi, and also keeping in view the fact that accused is not required for any further interrogation by the police, the bail application stands allowed and accused is directed to be released from JC in this case.‘
However, Delhi Police during the delhi riots case proceedings stated that accused was part of mob involved in riots, stone pelting and destruction of public property along with other co-accused persons and that they strongly opposed the bail application.
Read the Order here: