{"id":233356,"date":"2020-08-04T18:14:42","date_gmt":"2020-08-04T12:44:42","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=233356"},"modified":"2020-08-07T11:20:10","modified_gmt":"2020-08-07T05:50:10","slug":"delhi-riots-del-hc-accused-has-right-to-brief-and-consult-his-lawyers-and-to-prepare-his-defence-in-view-of-real-and-not-merely-chimerical-right-to-fair-trial","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2020\/08\/04\/delhi-riots-del-hc-accused-has-right-to-brief-and-consult-his-lawyers-and-to-prepare-his-defence-in-view-of-real-and-not-merely-chimerical-right-to-fair-trial\/","title":{"rendered":"[Delhi Riots] Del HC | Accused has right to brief and consult his lawyers and to prepare his defence in view of real and not merely chimerical right to fair trial"},"content":{"rendered":"

Delhi High Court:\u00a0<\/strong>Anup Jairam Bhambhani, J., granted bail to an accused involved in the Delhi-Riots in view of the principles of bail.<\/p>\n

Applicant accused for offences under Sections 147, 148, 149, 427 and 436 of the Penal Code, 1860. Applicant has been in judicial custody since 03-04-2020 till date.<\/p>\n

By the present application, bail has been sought.<\/p>\n

An FIR was registered in February, wherein according to the police, a mob engaged in rioting and destruction of property in certain areas of North-East Delhi during which the property of Mohd. Shanawaz\u00a0 was burnt down, whereupon he file a complaint around 10 days after the incident.<\/p>\n

State alleged that the applicant was one of the persons involved in arson and rioting as stated above and the same is the reason for him being in judicial custody.<\/p>\n

4 more cases have been listed wherein the applicant was implicated and all the cases arose from the episodes of rioting that happened in North-East Delhi in February 2020.<\/p>\n

While opposing the bail, Amit Prasad, SPP and Tarang Srivastava, APP submitted that the applicant’s identity and presence stands confirmed by the snapshot\/video-graphs of the CCTV footage from Rajdhani Public School as well as from the applicant’s own cellphone.<\/span><\/p>\n

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Applicant\u2019s CDRs also confirmed his location at the scene of the crime at the relevant time; that the complainant\u2019s statements also point to the involvement of the applicant; and that in his statement Ct. Vikas has in fact identified the applicant.<\/p>\n

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“Court considered the effect of Pre-trial detention has on an accused, especially on his right to brief and consult his lawyers and to prepare his defence, in order to afford to the accused a real and not merely chimerical right to fair trial, as guaranteed under Article 21 of the Constitution.”<\/span><\/p>\n<\/blockquote>\n

Hence, in view of the above and applying the law and principles of bail granted regular bail subject to the following conditions:<\/p>\n