Lockdown: Delhi HC Directs Trial Courts To Not Insist The Bail Applicant For Filing Signed/Attested Documents When The Applicant's Family Resides Outside Delhi [Read Order]
4 years, 10 months ago

Lockdown: Delhi HC Directs Trial Courts To Not Insist The Bail Applicant For Filing Signed/Attested Documents When The Applicant's Family Resides Outside Delhi [Read Order]

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Keeping in mind the restrictions caused by the ongoing lockdown, the Delhi High Court has directed that in bail matters, there will be no insistence on filing of the signed/attested vakalatanama, affidavits or applications where the applicant is in jail and/or of the family members of such an applicant, reside outside Delhi. In the present matter, the online filing of bail application was rejected by the Facilitation Centre of Dwarka Courts on two grounds, namely, that the Vakalatnama was not duly signed and attested either by the accused himself or his family members, and secondly, that the application was neither bookmarked nor in searchable format. The court further observed that when the peculiar circumstances of this case were brought to the notice of the Facilitation Centre, Dwarka Courts, a further undertaking could have been taken through the advocate that not only would the duly signed, verified and attested petition/application be filed in original, but a duly signed Vakalatnama would also be filed within two weeks of the withdrawal of the lockdown. Therefore, the court directed the Facilitation Centre, Dwarka Courts, through the District Judge, South-West, Dwarka Courts to forthwith accept the bail application with an undertaking by the counsel to file the Vakalatnama duly signed within two weeks of the withdrawal of the lockdown.

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