Applicant Must Produce Trial Court Ordersheets When Seeking Bail On Ground Of Delay In Trial: Delhi High Court
The Delhi High Court has ruled that an applicant who seeks bail on the ground of delay in trial must place on record trial court order sheets to rule out the possibility that the case was being adjourned at his or her request. “….while seeking bail on the ground of delay in trial, it is incumbent upon the applicant to place on record the ordersheets of the trial court in order to rule out...
The Delhi High Court has ruled that an applicant who seeks bail on the ground of delay in trial must place on record trial court order sheets to rule out the possibility that the case was being adjourned at his or her request.
“….while seeking bail on the ground of delay in trial, it is incumbent upon the applicant to place on record the ordersheets of the trial court in order to rule out the possibility that the matter is being adjourned at request of the applicant himself,” Justice Girish Kathpalia said.
The Court denied bail to a woman in a rape case, involving allegations under the POCSO Act and Juvenile Justice Act.
The complainant, a resident of Nepal, alleged that a man brought her to Delhi for working as a domestic help but sold her to a woman, who in turn sold her to the applicant who was running a “kotha.”
The allegations against the applicant were that she forcibly confined the complainant in the kotha to compel her into prostitution, beaten her up, injected drugs after which she was forced to indulge into sexual relations with 20 men despite her objections.
The applicant's counsel submitted that there was delay in trial which was a vital ground for grant of bail and that only one of the prosecutrix had been examined in the case.
It was argued that the applicant was in jail for past seven years. No other ground of bail was pressed.
Dismissing the plea, the Court noted that even the Supreme Court had opined that this was not a fit case to grant bail but liberty was granted to renew the bail application before trial court if the trial got delayed unreasonably.
“No doubt, delay in trial is a ground for grant of bail. But that is not the only ground. The Court has to keep in mind overall circumstances in the light of judicially sanctified parameters for grant of bail,” the Court said.
It noted that no order sheet of the trial court was placed on record by the applicant to show that there was delay in trial.
“Considering the above circumstances, I do not find it a fit case to grant bail to the accused/applicant. The application is dismissed,” the Court said.
Title: PHULMAI TAMANG @ NEHA v. STATE OF NCT OF DELHI
Citation: 2025 LiveLaw (Del) 630