Bail Granted on Grounds of Parity and Prolonged Pre-Trial Detention; Conditions Imposed to Prevent Misuse
In a significant development, the Delhi High Court has granted bail to Salim Malik Munna, an accused in the North-East Delhi riots case of February 2020. The court cited parity with co-accused and prolonged pre-trial detention as primary reasons for granting bail. The accused, alleged to have participated in conspiracy and riots, had been in custody for over five years and ten months.
The bench comprising Justices Prathiba M. Singh and Madhu Jain deliberated on the appeal filed by Salim Malik Munna against the rejection of his bail application by the Special Court. The court noted that the role attributed to Munna is similar to that of co-accused Mohd. Saleem Khan and Shadab Ahmad, who were previously granted bail by the Supreme Court.
The accused was alleged to have attended meetings and participated in protests and operational roles during the riots. The court, while granting bail, imposed stringent conditions to ensure justice and prevent any misuse of liberty. These conditions include executing a personal bond, restrictions on travel, surrendering of the passport, and regular attendance at the police station.
The court emphasized the principles of bail parity in role assessment, stating that individual culpability must be assessed based on the nature of involvement. The court also highlighted that pre-trial liberty should be granted unless curtailment is demonstrably necessary for investigation or trial.
The decision marks a crucial juncture in the case, which has seen multiple arrests and prolonged judicial proceedings. The court's order aims to balance the rights of the accused with the necessity to ensure a fair trial and justice for all parties involved.
Bottom line:-
Bail granted to accused under UAPA and IPC for alleged participation in conspiracy and riots in North-East Delhi in February 2020, on grounds of parity with co-accused and prolonged pre-trial detention.
Statutory provision(s): National Investigation Act, 2008 Section 21(4), Unlawful Activities (Prevention) Act, 1967 Section 43D(5), Indian Penal Code, 1860 Sections 120B, 147, 148, 149, and others.
Salim Malik Munna v. State, (Delhi)(DB) : Law Finder Doc id # 2903637
