Court imposes stringent conditions to ensure compliance during bail period; bail granted until June 2, 2026.
In a significant ruling, the Delhi High Court has granted interim bail to Abdul Rashid Sheikh, a Member of Parliament from Jammu and Kashmir, to perform the last rites and customary ceremonies following the demise of his father. The court, comprising Justices Prathiba M. Singh and Madhu Jain, delivered the judgment on May 18, 2026, allowing Sheikh to attend to these personal obligations under strict conditions.
The court's decision comes after Sheikh, who has been in custody for over six years, filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. This application was made in light of his father's passing on the night of May 17, 2026, and aimed to facilitate Sheikh's participation in various ceremonies, including the burial and subsequent mourning rituals.
The judgment underscores the humanitarian aspect of granting bail for such personal circumstances while balancing the need for justice administration. The court laid down several conditions to prevent any misuse of the liberty granted. These include a requirement for Sheikh to be accompanied by police escorts at all times, restrictions on his movement to specific residential addresses, and a prohibition on contacting witnesses or engaging in unlawful activities.
Sheikh is permitted to stay at his residences in Srinagar and Langate, Jammu & Kashmir, and visit burial grounds or places of worship for the customary rites. The court emphasized that meetings with individuals other than immediate family must occur in the presence of police officials. Additionally, Sheikh must maintain active communication with the investigating officer through a designated mobile number.
The court's decision also mandates that Sheikh surrender immediately upon the expiration of the bail period on June 2, 2026. The High Court has ordered the concerned Jail Superintendent to facilitate Sheikh's travel to Srinagar promptly to ensure timely participation in the rituals.
This development follows a previous application by Sheikh seeking interim bail due to his father's illness, which was initially rejected by the trial court. The High Court had modified its earlier order on May 5, 2026, permitting Sheikh to meet his ailing father at AIIMS, Delhi, under similar conditions.
The judgment reflects the court's careful consideration of the humanitarian grounds presented while maintaining a firm stance on legal compliance and the administration of justice.
Bottom Line:
Interim bail granted to an accused to perform last rites and customary ceremonies upon the demise of his father, subject to stringent conditions including police escort, restricted movement, and prohibition on meeting persons other than immediate family members.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528
Abdul Rashid Sheikh v. National Investigation Agency Nia, (Delhi)(DB) : Law Finder Doc id # 2900682
