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Reading: Delhi HC: Bail can be granted upon seeing the totality of the circumstances and the facts
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Home Ā» Blog Ā» Delhi HC: Bail can be granted upon seeing the totality of the circumstances and the facts
Judgments

Delhi HC: Bail can be granted upon seeing the totality of the circumstances and the facts

By Weindrila Sen 2 Min Read
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Background of the case-

On 23.04.2019, the Judge in the case of Vishnu vs State (Govt. Of NCT of Delhi,) granted bail to the petitioner who was charged under Section 307/34 IPC. The petitioner substantially hurt theĀ other party while being intoxicated but since the investigation was done and the charge sheet was filed, the Judge decided to grant him a regular bail.

Bench-

Hon’ble Mr Justice Sanjeev Sachdeva.

FACTS OF THEĀ  CASE-

Both the injured and the petitioner who is a rickshaw puller were drinkingĀ  sitting nearby the railway track where allegedly petitioner started abusing and pushing the injured. As a result, the petitioner himself fell on a cement pillar and later got up and hit the injured with a stone on the face. Ā The attack caused heavy injury on the face and the head of the aggrieved party. The counsel of the petitioner showing that he is the sole bread earner of the family and is under custody for past nine months pleaded to grant him regular bail since the act was not premeditated and was a result of a spur of the moment.

ISSUE-

Whether granting bail to an Accused convicted underĀ  Sec 307/34 is justified?

JUDGEMENT-

The Hon’ble High Court keeping in mind the facts and the circumstances of the case granted the regular bail with a bail bond of Rs. 10,000 since the investigation was done and the charge sheet was also filed.

Read full judgment here:

[embeddoc url=”http://lobis.nic.in/ddir/dhc/SAS/judgement/24-04-2019/SAS23042019BA7672019.pdf” download=”all”]

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Weindrila Sen April 26, 2019
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