HC grants bail to AAP MLA with a warning
The Delhi high court on Friday granted bail to AAP MLA Prakash Jarwal in the chief secretary Anshu Prakash assault case with a warning that any such illegal activity in future would lead to cancellation of his bail.
The judge also noted that the case was a reflection of “trust deficit to the hilt” between the members of the Delhi Assembly and the bureaucrats and suggested that the Delhi Government should videograph the meetings between legislators and bureaucrats to see that no unforeseen incident occurs in future and maintain transparency.
Justice Mukta Gupta made it clear that if Mr Jarwal himself or through someone else intimidated, harassed or obstructed the lawful activities of Anshu Prakash, the Delhi police and the chief secretary would be entitled to seek cancellation of his bail.
The court also asked him not to tamper with evidence or intimidate or approach the witnesses in any manner.
“This FIR being the third FIR against the petitioner ( Jarwal) for assault on a public servant, in case the petitioner indulges in any such illegal act in future, the bail granted to him would be liable to be cancelled,” it said.
The high court imposed other general conditions that Jarwal will not leave the country without prior permission of the court and in case of change of his residential address, it shall be intimated to the concerned court through an affidavit.
It directed that Mr Jarwal be released on bail on furnishing a personal bond of ` 50,000 and two sureties of the like amount.
The court noted that the offences invoked against the MLA entailed maximum punishment of up to three years and said his custodial interrogation was not required as police remand has not been granted by the trial court.
“In view of the nature of allegations, the sentence provided for the offences invoked if convicted after trial and the fact that there is no likelihood of the petitioner fleeing away from justice, this court deems it fit to grant bail to Jarwal,” it said.
The court said there was also no apprehension that he would not be available for trial or flee away from justice.
Mr Jarwal was arrested on February 20 for allegedly assaulting the chief secretary during a meeting at chief minister Arvind Kejriwal’s residence on the midnight of February 19.