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Supreme Court’s 11 bail conditions imposed on 5 accused granted bail in Delhi riots case

The court has directed the accused persons not to participate in any programme or address or attend any gathering, rally or meeting, whether physically or virtually till conclusion of the trial.

Families of bail granted Delhi riots accused celebrate relief but call verdict bittersweet as others remain in jailFamilies of bail granted Delhi riots accused celebrate relief but call verdict bittersweet as others remain in jail

The Supreme Court on Monday denied bail to Umar Khalid​ and Sharjeel Imam in February 2020 Delhi riots larger conspiracy case but granted bail to five co-accused persons namely Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohammad Salim Khan, and Shadab Ahmad.

A bench of Justices Aravind Kumar and N V Anjaria while granting bail imposed 11 stringent riders on those who were granted bail.

1. Each of the accused shall execute a personal bond in the sum of Rs 2 lakh with two local sureties of the like sum to the satisfaction of the Trial Court.

2. Remain within the National Capital Territory of Delhi and shall not leave its territorial limits without prior permission of the Trial Court. Any request for travel shall disclose reasons and such prayer/request shall be considered by the Trial Court strictly on its merits.

3. Surrender their passports, if any, before the Trial Court. Where no passport exists, an affidavit to that effect shall be filed.

4. Furnish current residential addresses, contact numbers, and e-mail addresses to the Investigating Officer as well as to the Trial Court and shall not change their place of residence or contact particulars without giving at least seven days’ prior written intimation to the Investigating Officer and the Trial Court.

5. Personally appear twice a week before the police station and mark their attendance. The Station House Officer shall maintain a separate register of attendance in respect of each of these appellants and shall furnish a monthly compliance report to the Trial Court, which shall be placed on the main record of the case.

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6. Not directly or indirectly contact, influence, intimidate or attempt to contact any witness or any person connected with the proceedings, nor shall they associate with or participate in the activities of any group or organization linked to the subject matter of the present FIR/ final report.

7. Not make or publish or disseminate any information, statement, article or post whether in print, electronic or social media concerning the present case or its participants till conclusion of the trial.

8. Not participate in any programme or address or attend any gathering, rally or meeting, whether physically or virtually till conclusion of the trial.

9. Not circulate any post either in electronic form or physical form or circulate any hand bills, posters, banners, etc in any form whatsoever.

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10. Fully cooperate with the trial and appear on every date of hearing unless exempted for reasons to be recorded by the Trial Court to its satisfaction and they shall not exhibit any conduct that has the effect of delaying the proceedings.

11. Maintain peace and good behaviour throughout and in the event of any offence committed during the pendency of the trial, the prosecution would be at liberty to seek for revocation of the bail granted by filing such application before the Trial Court and in the event of such application being filed the Trial Court shall consider it on its own merits.

Umar Khalid, Sharjeel Imam denied bail

While rejecting their bail plea, the bench said that Umar Khalid​ and Sharjeel Imam​ stood on a “higher footing in the hierarchy of participation”.

The bench said it was required to look at what was attributed to each accused, how the attribution fits within the statutory ingredients, and whether the continued detention at this stage serves a legitimate purpose recognised by law.

Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More

 

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