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2021 (6) TMI 1169 - DELHI HIGH COURTSeeking grant of Interim bail - petitioner has already spent more than two years as an under-trial prisoner - charge sheet against the petitioner already stands filed - HELD THAT:- Even the case of an under-trial or a convict falls within the categories set out by the HPC, and he does not have any indivisible right to claim that he ought to be granted interim suspension/bail, as the case may be. Each case is required to be considered on its own merits by taking into consideration the guidelines laid down by the HPC. In the present case, the petitioner is a young man of 27 years of age, whose conduct in jail has been certified to be good and he is not alleged to be previously involved in any case. In these circumstances, merely because that the other co-accused are absconding, cannot be a ground to deny the petitioner the benefit available under the recommendations made by the HPC. There are no reason to believe the bald statement of the respondent that in case the petitioner is released on interim bail, he will tamper with the investigation. Petition allowed by granting interim bail to the petitioner for a period of 45 days, subject to his furnishing a personal bond in the sum of Rs. 25,000/- with a surety of the like amount to the satisfaction of the Jail Superintendent.
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