'Idea Is To Secure Individual Liberty Even If Convicted': Delhi High Court Directs Man To Do Community Service For Breaching Bail Condition

The idea is to secure personal liberty of individuals even if they are being convicted, remarked the Delhi High Court on Tuesday while directing a man to do one month community service at Sanjay Gandhi Animal Care Centre for breaching a bail condition.

The bench of Justice Siddharth Mridul and Justice Anup J. Bhambhani directed one Shahrukh Ali to do the service and perform the tasks allotted to him by the Head of the Centre for three hours being 1 PM to 4 PM every day when the said Centre is working.

While posting the matter for further hearing on January 7, the Court also directed the Head of the Animal Centre to allot Shahrukh such work as deemed appropriate and also to file a compliance report in the matter.

Vide order dated September 28, 2020, a bench comprising of Justice Vipin Sanghi and Justice Rajnish Bhatnagar had granted regular bail to Shahrukh during the pendency of the appeal noting that he had already undergone over 5 and half years of incarceration.

"Considering the fact that the appeals are likely to take time for hearing, and the age of the two appellants, we are inclined to grant bail to them during the pendency of these appeals…," the Court had said. 

One of the conditions of bail imposed on him was that he shall not leave the NCT of Delhi during the suspension period. 

Today, the Court was dealing with an application filed by the complainant in the matter stating that the appellant Shahrukh had breached the aforesaid condition by travelling out of Delhi. 

The Complainant had filed copy of certain photographs and other material showing that the appellant had travelled to Rampur and to Shimla as breach of the bail condition.

In response, while the counsel appearing for the appellant admitted to the fact that Shahrukh had travelled to Rampur, he added that the same was done for the reason that there was a certain shrine which Shahrukh visited upon the wishes of his mother who had wanted him to go to the shrine upon his release. 

With regards to the allegation of him travelling to Shimla, his counsel denied the same by submitting that the photographs were old.

On the other hand, the State confirmed that although the appellant did travel out of Delhi in breach of the conditions, there was no material to show that he had indulged in any illegal activity.

"We are not inclined to cancel the appellant's bail however in order to the atone to the breach of conditions, we direct the appellant to render service at Sanjay Gandhi Animal Centre, from 1 pm to 4pm everyday and do whatever task is assigned by the head of the Centre," the Court said.

"….The fact is that this Court has enlarged him on regular bail during the pendency of appeal. Now to cancel that bail, you have a good ground but we shouldn't throw the baby out with the bathwater. The idea is to secure personal liberty of individuals even if they are being convicted," remarked Justice Mridul at the outset.

On the other hand, Justice Bhambhani was of the view that while the breach of bail condition cannot be ignored, however the consequence of the same should be proportionate.

"The consequence should be proportionate. He has reported to the police, he has not run away, he has not done any crime. He is available before us. There should be proportionate atonement," he added.

The matter will now be heard on January 7.

Advocate Anupam S Sharrma along with Advocates Prakarsh Airan and Harpreet Kalsi appeared for the appellant. 

Case Title: Shahrukh Ali v. State of Delhi