AQIL HUSSAIN Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This petition has been preferred by the petitioner Aqil Hussain to seek a writ of habeas corpus for production of his sister - Ms. Gulfisha Fatima.

(2.) The petitioner states that the his sister Gulfisha Fatima was arrested on 09.04.2020 in connection with FIR No. 48/2020 registered under Sections 147/186/188/283/353/109/34 IPC, 1860 at P.S. Jafrabad. The bail application filed by the petitioner's sister under Section 437 Cr.P.C. in case FIR No. 48/2020 was dismissed by the Ld. Metropolitan Magistrate/Duty M.M., Shahdara District, vide order dated 03.05.2020 on various grounds, including on the ground that she was involved in another case, being FIR No. 59/2020, registered under Sections 13/16/17/18 of the Unlawful Activities (Prevention) Act, 1967 (UAPA) - Section 120B read with Sections302/307/353/186/212/395/427/435/436/452/454/109/114/147/148/1 24A/153A of the Indian Penal Code, Sections 3 & 4 of the Prevention of Damage to Public Property Act, and Sections 25/27 of the Arms Act, and which is being investigated by the Crime Branch.

(3.) The petitioner states that aggrieved by the dismissal of the bail application, his sister approached the learned Ld. Sessions Judge under Section 439 of the Cr.P.C. Vide order dated 13.05.2020, the learned Sessions Judge, Shahdara District allowed the bail application of Gulfisha Fatima in FIR No. 48/2020. The petitioner submits that despite Gulfisha Fatima being granted bail in FIR 48/2020, she was illegally continued to be kept in custody on account of the registered FIR No. 59/2020, as aforesaid, by the Crime Branch.