A Delhi court has rejected an interim bail application of an accused involved in a 2020 northeast Delhi riots case, who sought permission to attend his sister’s wedding, stated that such relief is granted only in exceptional circumstances.
The court was dealing with Mohammed Wasim’s sixth interim bail application, and the present one sought a 30-day release to attend his sister’s wedding and related ceremonies.
Wasim is named in an FIR, which includes charges of rioting, sections of the Arms Act, and the Prevention of Damage to Public Property Act.
The court said that attending a sister’s wedding did not constitute an “exceptional circumstance” that would warrant disregarding its previous decisions on five occasions, where interim bail was denied to the accused based on merit
The bail application was also opposed by Special Public Prosecutor Madhukar Pandey arguing that Wasim had been declared a proclaimed offender and was apprehended after considerable effort.
Wasim was arrested on September 28, 2022.
Additional Sessions Judge Pulastya Pramachala said: “Applicant has been denied bail on the merits of the case till date. Interim bail is granted in exceptional circumstances only and attending a marriage and other ceremonies of the sister is not that kind of exceptional circumstance due to which the court should overlook its decision taken so far declining bail to the applicant on merit.”
The judge, therefore, said that he is not inclined to grant interim bail based on the grounds presented by Wasim, as it is solely his desire to attend the ceremonies.
“The arrangement of the marriage can be done by other family members,” the judge said.
Providing liberty to Wasim, the court gave him the option of attending the wedding on custody parole, subject to payment of the necessary expenses.
The court said that the applicant (Wasim) must provide details of the wedding venue to the concerned Jail Superintendent, and upon depositing the required fee or expenses for custody parole, he may be taken to the wedding venue for four hours on July 23.
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