The Delhi High Court granted bail to AAP MlA Prakash Jarwal in 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 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 Jarwal be released on bail on furnishing a personal bond of Rs 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 concern of the complainant (chief secretary) that efforts are being made to harass him can also not be said to be without any basis for the reason (that) though initially the senior counsel for Jarwal stated that he is not a member of the committee which issued notice to the complainant, however, on being confronted with the notice of the meeting even though not signed by him, it notes the petitioner to be member of the said committee.
"Faced with this situation, the senior counsel for Jarwal stated that he is willing to furnish any undertaking as required by this court, to ensure that no harassment will be caused to the complainant by the petitioner or any other person through him. Thus the bail, if required to be granted to Jarwal, has to be with stringent conditions," it said.
The bail plea of Okhla MlA Amanatullah Khan, who was also arrested in the case on February 21, is pending before the court.