File image of people demanding justice the 1984 anti-Sikh riots. Reuters
A vacation bench of Justices Manmohan and Yogesh Khanna released retired naval officer Captain Bhagmal on bail till 4 July on the ground that he has to undergo a surgery.
The court granted him the relief till 4 July instead of three months sought by the convict, so that the bench which is hearing the anti-Sikh riots cases can take a final decision on his plea.
“A prayer is made for suspension of sentence for three months. In view of the circumstances placed before us, the sentence of the appellant is suspended until 4 July,” the bench said in its interim order.
Bhagmal, through his counsel, had stated that he is suffering from enlarged prostate for which he has to undergo surgery which would require staying in the hospital.The convict is already on interim bail since 24 March on medical grounds.
Taking note of his medical condition, the bench extended his bail on furnishing of a personal bond of Rs 25,000 with one surety of the like amount.
It directed Bhagmal to give the address at which he would be available and the mobile number on which he can be contacted by the CBI during the interim suspension of his sentence.
The bench asked the convict not to get in touch with any witness or the legal heirs of the deceased.
“In case, there is a violation of this condition, it will be open to the CBI to move an application for recall of this order,” it said, adding that Bhagmal shall not leave the National Capital Territory of Delhi without its permission.
Bhagmal, former Congress councillor Balwan Khokhar, Girdhari Lal and two others were held guilty in a case relating to the murder of five members of a family in Raj Nagar area of Delhi Cantonment on 1 November, 1984 after the assassination of prime minister Indira Gandhi.
They had challenged their conviction and the sentence awarded by the trial court in May 2013.
The trial court had acquitted Congress leader Sajjan Kumar but awarded life term to Bhagmal, Khokhar and Girdhari Lal and three-year jail term to two others — former MLA Mahender Yadav and Kishan Khokhar.
The convicts have filed appeals before the High Court while CBI too has filed an appeal alleging that they were engaged in “a planned communal riot” and “religious cleansing”. The agency has also appealed against the acquittal of Kumar.
The high court had on 29 March this year issued show cause notices to 11 accused including Khokhar and Yadav in five 1984 anti-Sikh riots cases.
The accused, who was acquitted of the charges, were asked why should the court not order reinvestigation and retrial against them as they faced allegations of “horrifying crimes against humanity”.
The bench had issued notices on the complaints filed regarding the violent incidents on 1 and 2 November, 1984 in the Delhi Cantonment area.