Delhi High Court
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Order on extension of interim orders not applicable to cases where interim bail/parole is not based on High Powered Committee: Delhi HC

The life of all interim orders passed by the High Court and its subordinate courts stand extended till August 31, 2020.

Aditi Singh

The Delhi High Court has held that the order of the Full Bench extending all interim orders till August 31 shall not be applicable to cases in which interim bail/parole is granted on the basis of specific facts of the case and not pursuant to the decisions of the High Powered Committee. (Irshad Ali vs State)

The order was passed by single Judge of Justice Vibhu Bakhru.

The Appellant, Irshad Ali had filed an application before the Court for extension of the suspension of sentence granted on an interim basis.

In June, the Appellant was directed to be released and his sentence was suspended on interim basis for a period of three weeks from the date of his release on the ground that he desired to attend the wedding of his niece. He also stated that he wanted to connect with his family members and make arrangements for his minor children.

Apart from seeking extension on the ground that he was at risk of contacting COVID-19 if he was brought back into custody, the Appellant contended that he was covered by the order of the Full Bench of the Court dated July 13, which had extended the life of all interim orders passed by the High Court and its subordinate courts till August 31, 2020.

The Court, however, said that it was unable to accept the contentions raised by the Appellant.

The Court opined that the benefit of the Full Bench's order was applicable to only those cases which are covered by the decision of the High Powered Committee.

..in the view of this Court, the said orders would only be applicable to cases, which are covered by the decision of the High Powered Committee, that is cases, that qualify for interim bail/parole on the criteria as set out by the High Powered Committee from time to time irrespective of whether the said orders were issued prior to 16.03.2020 or thereafter
Delhi High Court

The Court clarified that the order of the Full Bench would not be applicable to other cases which are not covered by the orders and the decisions of the High Powered Committee and in which specific orders were passed in the specific facts of each case.

In the present, since the sentence awarded to the Appellant was suspended on an interim basis for specific reasons and for a limited period, the Court did not consider it apposite to allow the application for extension.

The application was dismissed.

Advocate Maninder Singh, Aekta Vats appeared for the Appellant.

State was APP Kusum Dhalla.

Read the order:

Irshad Ali vs State.pdf
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