Abdul Hamid & Anr v. CBI
(2007) 3 RCR (Cri) 516
In the Punjab and Haryana High Court
Cr. Misc. 77595-M/2006
Before Justice Surya Kant
Decided on May 02, 2007

Relevancy of the case: Bail Application in a case of recording pornographic content.

Statutes & Provisions Involved

• The Information Technology Act, 2000 (Section 67)
• The Ranbir Penal Code, 1932 (Section 34, 120B, 292, 376)
• The Immoral Traffic (Prevention) Act, 1956 (3, 4, 5, 6, 7)
• The Criminal Procedure Code, 1973 (Section 439)

Relevant Facts of the Case

• The FIR alleged that a boy handed over a CD containing pornographic content (including photographs of a girl from the locality) to a fruit vendor. Consequently, the vendor handed over the CD to the Samaj Sudhar Committee, which resulted in the registration of FIR.
• Subsequently, the police identified and interrogated the girl. She stated that the petitioners, who are husband and wife, were running a prostitution ring. Moreover, various influential politicians, bureaucrats, and senior police officers were involved in the said sex racket.
• Given the media hype, the CBI took over the investigation, thereby transferring the case to the District & Sessions Court, Chandigarh.
• The formal trial was underway, and the petitioners filed a bail application for interim bail.

Opinion of the Bench

• The bench noted that the petitioners were in custody for the last year and out of 99 cited witnesses, only one witness had been examined. Since the CBI has already taken effective measures towards the safety and protection of witnesses, the petitioners are apparently not in a position to exert influence upon the prosecution witness or tamper with its evidence.
• In addition, based on the circumstances of the case, the trial may persist for a long period.
• Furthermore, noting that the Court cannot deprive the petitioners of their liberty. Moreover, there was nothing to suggest “as to what purpose, or what part of the collective conscience of the society would be assuaged by incarcerating the petitioners any further.”

Final Decision

• The bench thus, allowed the petition directed for the petitioners’ release.

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