The Delhi High Court on Friday sought responses from the Centre, the Delhi government, and Nilam Katara, mother of victim Nitish Katara, on a plea filed by convict Vikas Yadav seeking release and interim bail in the 2002 murder case.
Yadav, 54, who has been in jail for over 23 years, urged the court to grant him interim bail citing his upcoming marriage on September 5 and the need to arrange ₹54 lakh towards the fine imposed on him at the time of sentencing.
Justice Ravinder Dudeja issued notices to the Union Ministries of Home Affairs and Law and Justice, the Delhi government, and Nilam Katara, while posting the matter for September 2. Yadav’s counsel pressed for an early hearing date in view of his marriage.
The court, however, raised doubts about the maintainability of the plea, observing that the concept of “interim bail” for a convict post-conviction and after dismissal of review petitions was “totally unheard of.” The judge remarked:
“Does the High Court have the power to grant interim bail post-conviction and after dismissal of review petition? You may consider it. I am keeping it pending.”
Yadav argued that denying him the benefit of statutory remission under the Code of Criminal Procedure (CrPC) amounted to a violation of his right to life under Article 21 of the Constitution. He contended that remission is a matter of executive power, not judicial sentencing, and should be open to all convicts.
His counsel pointed out that he has already completed more than 23 years of his 25-year fixed-term sentence and should now be permitted to seek remission.
Yadav also sought two months of interim bail, claiming lack of income and financial means to pay the imposed fine, failing which he would have to undergo an additional three years in jail.
Appearing for Nilam Katara, counsel opposed the plea, stressing that there is no provision for interim bail to a convict. Instead, convicts may seek parole or furlough, but interim bail is outside the statutory framework.
The Supreme Court had earlier allowed Yadav to approach the High Court for remission. He is presently on interim bail, valid till August 26, to attend to his ailing mother as per Supreme Court orders. However, the High Court directed him to surrender on August 26, noting that the interim bail plea for marriage was unrelated to the relief granted by the apex court.
Vikas Yadav, son of Uttar Pradesh politician D. P. Yadav, along with his cousin Vishal Yadav, was convicted for the kidnapping and murder of 25-year-old business executive Nitish Katara in 2002. The motive was Katara’s alleged relationship with Vikas’s sister, Bharti Yadav, which the family opposed on caste grounds.
A third co-convict, Sukhdev Pehalwan, was sentenced to 20 years without remission benefit. The Supreme Court ordered his release on July 29 this year after noting that he had completed his full sentence in March.
The case will now be heard on September 2, when the court will consider whether Yadav’s plea for remission and interim bail is maintainable.
