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by Admin
07 May 2024 2:49 AM
In a recent judgment Delhi High Court granted bail to the petitioner in a case involving asphyxiation. The judgment, delivered by Hon'ble Mr. Justice Vikas Mahajan, emphasized the absence of prima facie intent to cause death and highlighted the possibility of altering the charges.
The case, registered under Sections 302 and 304 Part II of the Indian Penal Code (IPC), pertained to the death of an individual due to manual strangulation. The accused and the deceased were known to each other and were habitual consumers of liquor.
The Court's observations revolved around the nature of the offense and the gravity of the charges. It noted that the prosecution's case did not prima facie establish an intent to cause death or grievous injury. The judgment raised the possibility of altering the charges to Section 304 Part II, which carries a maximum punishment of 10 years with no minimum sentence.
Highlighting the presumption of innocence at the pre-conviction stage, the Court also took into account the delay in the commencement and conclusion of the trial. The accused had been in continuous incarceration for almost four years.
Additionally, the judgment mentioned that the accused had no criminal record. The Court granted bail with certain conditions, including the accused not leaving the city without prior permission, appearing before the Court when required, providing working mobile numbers to the Investigating Officer, and refraining from criminal activities or contacting witnesses.
This decision aligns with the principle that pre-trial detention should not be punitive or preventive, and it should ensure the accused's availability for trial and potential sentencing.
The case highlights the importance of considering the nature of the offense, the strength of the prima facie case, and the length of pre-trial detention when assessing bail applications in serious criminal cases.
"It is not the case of the prosecution that the petitioner / accused was carrying or used any dangerous or deadly weapon during the fight with the deceased Dadhi Bahadur...Therefore, the possibility of alteration of charge from 302 IPC to Section 304 Part II during the course of trial cannot be completely negated at this stage."
Date of Decision: October 04, 2023
TEK RAJ SAUD vs STATE, GOVT. OF NCT OF DELHI
