New Delhi, A Delhi court on Friday granted bail to three Popular Front of India (PFI) members in a riot case, observing that the “offence invoked in the FIR are bailable in nature”.
The three were arrested for offences under Section 147 (rioting), 148 (rioting with deadly weapon), 149 (unlawful assembly) and 120B (criminal conspiracy) of the Indian Penal Code.
Metropolitan Magistrate Prabh Deep Kaur directed PFI Delhi chief Parvez Ahmed, Secretary Mohammad Iliyas and member Mohammad Danish to be enlarged on bail on furnishing a bond of Rs 30,000.
“Investigating Officer (IO) has nowhere mentioned that any of the non-bailable offences has been disclosed or has come out during investigation till now, therefore, accused be enlarged on bail,” the judge observed.
The court, however, imposed a rider and directed the accused to cooperate with the IO during the investigation, not leave country without informing the court or tamper with the evidence.
The court further pulled up the IO and said, “It is a settled principle that in bailable offences, it is the duty of the IO to offer bail to the accused persons at first instance. There is no explanation by the IO why he has not offered bail to the accused as per constitutional as well as procedural mandate.”..