Mere pendency of several criminal cases against the accused cannot itself be the basis for refusal of bail

Mere pendency of several criminal cases against the accused cannot itself be the basis for refusal of bail

Mere pendency of several criminal cases against the accused
cannot itself be the basis for refusal of bail

The applicant has filed bail appliction u/s 439 of Cr. PC before Hon’ble High Court of delhi for grant his regular bail

The FIR under Sections 3/4/5/9/55 of the Delhi Public Gambling Act, 1955, was registered at PS Sabzi Mandi against the applicant.

The applicant had taken ground of priority but the state had filed status report. As per report the applicant was found to be involved in 23 other cases but has either been discharged, acquitted or granted bail.

The Hon’ble High court was gone through the judgement passed by The Hon’ble Supreme Court titled Prabhakar Tewari v. State of U.P., (2020) 11 SCC 648 in which The Hon’ble Supreme Court had observed that mere pendency of several criminal cases against the accused cannot itself be the basis for refusal of bail. The same can be a factor, however, cannot a sole basis for refusal of prayer of bail.

The Hon’ble High court observed that “Admittedly, even though charge-sheet is filed, the investigation, as per the State, is likely to take more time before any trial can start. It is not alleged that the applicant has tried to jump the bail in any of the cases where he has been granted bail earlier by the Courts”.

bail granted

BAIL APPLN. 3165/2022

MUMTAZ VS STATE (NCT OF DELHI) & ANR.

JUSTICE AMIT MAHAJAN, J

to dowload original judgement click the link

https://delhihighcourt.nic.in/app/showFileJudgment/59528122022BA31652022_151525.pdf

 

 

 

Adv. Nazim Husain Qureshi

Supreme court of India

Ch. No. 418, Saket court complex, New Delhi-17

Mob 8447535224

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