Delhi Riots
Delhi Riots
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Delhi Riots: Delhi Court grants bail to three PFI members accused of conspiracy leading to riots

Bar & Bench

A Delhi Court on Friday granted bail to three members of the Popular Front of India (PFI) accused of being part of a conspiracy to trigger the riots that took place last February in North East Delhi.

Metropolitan Magistrate Prabh Deep Kaur allowed bail applications filed by Mohd Danish, Mohd. Ilyaz and Parvez Alam in this regard. An application filed for the extension of police remand by another six days was also rejected.

In allowing the bail applications, the judge also pulled up the Investigation Officer for not having granted bail in the first instance, since the offences charged against the three were all bailable offences.

The order passed on Friday states,

“It is settled principle that in bailable offences, it is the duty of the IO to offer bail to the accused persons at first instance. There is no explanation by the IO why he has no offered bail to the accused persons at first instance as per constitutional as well as procedural mandate and therefore, let a written explanation be called from IO concerned with respect to his failure to offer bail to the accused persons in bailable officers.”
Judge Prabh Deep Kaur

In this regard, the IO has been directed to submit his explanation by March 17.

The three accused persons were directed to be enlarged on bail subject to furnishing a personal bond and surety bond in the sum of Rs 30,000 each, apart from other conditions to cooperate with the investigation.

The three stand accused of offences under Sections 147-149 (rioting and allied offences) and 120B (conspiracy) of the Indian Penal Code, all of which are bailable offences, the judge noted.

The Court was told by the counsel for the accused that the police had initially not furnished a copy of the FIR to them. It was only later that it came to light that the offences charged were bailable offences, it was submitted.

[Read the Order]

PFI Bail Order.pdf
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