Ensure IOs Brief Prosecutors Before Bail Hearings, Be Present With Complete File: Delhi High Court To Police Commissioner

The Delhi High Court has asked the Commissioner of Delhi Police to take corrective measures to ensure that investigating officers brief the prosecutors before hearing in bail matters commences.

Justice Girish Kathpalia also urged that the investigating officers should remain present with complete investigation file in the course of hearings.

The Court made the observations while granting bail to a man in a murder case, noting that the Investigating Officer nor the SHO had cared to appear in the matter.

It said that an inspector had appeared but was simply flipping through pages and did not even brief the prosecutor till hearing commenced.

“Yesterday itself it was made clear to all prosecutors that in view of fresh assignment of 179 old bail matters by way of transfer from different benches, they should remain prepared. But to no avail. Even counsel for accused applicant has not appeared. Adjourning such bail matters further would not be appropriate,” the Court said.

The judge noted that the accused was in judicial custody since July 22, 2018, on the allegation that he with the help of co-accused strangulated the deceased to death.

The Court said that apart from his confessional statement recorded in police custody, there was no evidence collected by the investigator against the accused.

“Rather, as mentioned above, the police does not seem to be interested in opposing liberty to the accused/applicant,” the judge said.

While granting bail to the accused, the Court ordered:

“In view of circumstances mentioned in paragraph 2 of this order, copy of this order be sent to the Commissioner of Police for information with the hope that some corrective measures shall be taken by ensuring that in bail matters, the investigating officers should brief the prosecutor before the hearing commences and they should remain present with complete investigation file in the course of hearing.”

Title: SARVESH SINGH v. STATE NCT OF DELHI

Click here to read order