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A convict who fulfills the requirements of HPC guidelines, can be granted interim bail: High Court of Delhi.

Where a convict has applied for interim bail, and the court finds out that such convict has fulfilled the requirements of HPC guidelines, then he will be granted interim bail. A single Judge bench comprising of Hon’ble Justice Subramonium Prasad, in the matter of Mudassir Habib Vs. State of NCT of Delhi (BAIL APPLN. 2094/2021), dealt with an issue where the petitioner is alleged of having committed the offences under Section 420,468,471,506,120B and 34 IPC, on the ground of HPC guidelines, for grant of interim bail.

The counsel for the petitioner had submitted that the petitioner was in custody since 03.03.2021 and drew the attention of the court to a HPC guideline dated 11.05.2021, which stated that where a under trial prisoner had three or more cases pending against him, then his case shall not be considered for the grant of interim bail. The counsel for the petitioner contended that the said resolution squarely covers the petitioner. Further, the counsel referred to a case and stated that a similar exclusion clause had been made in the earlier HPC guidelines also and when identical objections were raised, this Court, by an order dated 13.08.2020, had rejected those objections and had granted the benefit of HPC guidelines to the petitioner in Mohsin Khan v. State of NCT of Delhi.

The counsel for the petitioner had submitted that the petitioner was covered under clause II of the HPC guidelines dated 04.05.2021. To that, the APP for the state contended that the HPC guidelines dated 04.05.2021 would not be applicable to the petitioner as he was involved in one more case and also pointed out that cases investigated by the Crime Branch were excluded from the operation of the HPC guidelines.

After hearing both the sides and going through the cases referred by the Counsel for the petitioner, the court held that the petitioner fulfilled the requirements of the HPC guidelines and hence he was granted interim bail for 90 days from the date of his release, on furnishing of a personal bond of ₹25,000/ – with one surety of like amount to the satisfaction of the Jail Superintendent. Also, the petitioner was asked to provide all his mobile numbers to the Investigating Officer and keep them operational at all times and, was directed to report to the concerned Police Station on every Monday, Wednesday, and Saturday.  Moreover, he was directed not to interfere or influence the investigation or inquiry process.

Lastly, the petitioner was directed to surrender to the custody immediately on the expiry of the interim bail before the concerned Jail Superintendent.

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