Struggle for Bail
State Vs. Som Prakash @ Sonu , Sessions Case No. 7032 /16 . How I struggled to get bail in an attempt to murder case ? Its really very interesting story. There were four accused persons in this case. One of them was portrayed as the main conspirator on whose instruction other three acted to execute this devil plan. The main conspirator was granted bail by the High Court of Delhi and later on discharged by the Sessions Court at the stage of framing of charge. The Sessions Judge at Saket Court , Delhi dismissed the bail applications of all the three persons who were arrested by the police in a case of attempt to murder. I was representing the two accused persons in court as an advocate who were alleged to have opened fire from their home made pistol at the complainant when he was at his Chhattarpur Delhi office.
Arguments for bail
I argued before the court that since the main conspirator was granted anticipatory bail in this case , these persons be also given bail. But my bail applications were dismissed stating that the investigation was in progress and at this stage no bail could be granted. I waited for the completion of investigation and filing of chargesheet. I made the family members of the accused persons understand.
After filing chargesheet , I applied for bail on behalf my clients but again my bail applications were dismissed by the same judge stating that the injured complainant has not been examined as witness in court so the accused persons may affect the evidence of the complainant and his father if released on bail. I again convinced my clients to have patience till the statements of the complainant and his father are recorded in evidence before the court.
I again filed my bail applications in the trial court after the statements of the complainant and his father were over in court. I was very confident that now I will get bail in my case. I argued very passionately before the same judge and reminded him about his earlier objections which were no more present now. I was again given time to find out the order at 4 o’clock evening. When I inquired about the order on my bail applications, the court staff told me that the same has been dismissed by Judge Saheb. I was really shocked.
Bail Prayer before Delhi High Court
I realized that something happened which was not fair. Above all you have no option to ask the judge why you took U turn when you yourself wrote in your earlier dismissal orders the reasons of dismissal as non completion of investigation , and in second bail application the non – recording of statement of complainant and his father in evidence before the court. While dismissing the third bail application , the judge simply wrote that since the offence is of grave nature , bail is dismissed.
It was the court of Sessions Judge, Saket Court, New Delhi. My explanations on the bail applications were heard very sweetly by him but bail applications were dismissed surprisingly. Perhaps , Bail is really the discretion of the court.
My clients did not loose faith in me and I did not lose faith in struggle and justice. I filed my bail applications in Delhi High Court and Hon’ble Justice heard me attentively. Since I had suffered a lot at trial court to get this bail , I burst into emotions before the court saying that I am the counsel conducting trial in case and will loose my battle without fight if I am not granted bail and I need the words of the accused in this case as the main conspirator was earlier granted bail and has been discharged in the case at the stage of framing of charge. I further mentioned that all material witnesses have been examined in this case and the same was verified by the Hon’ble Judge through the I.O. of the case.
Grant of Bail after One Year nine Months
Bail was granted by the Hon’ble High Court. This struggle for bail taught me many things. The accused were released form jail after one year and nine months. This was also the period of struggle for bail . This period of imprisonment became the base of their release from this case for ever as they were convicted for the imprisonment period already undergone means one year nine months. It happened at the end because the earlier judge got transferred and the new judge considered this case very liberally. This case had taken 5 years to complete its course of trial at Saket Court in Sessions Case No.7032/16 , FIR No. 300/13 , P.S. Mehrauli under Section 307/120B/34 IPC.
Comment here