india

Updated: May 27, 2014 20:32 IST

Aam Aadmi Party leader Arvind Kejriwal was on Tuesday set to walk out of jail as a Delhi court ordered his release from Tihar jail after accepting the personal bond filed by his advocate in a criminal defamation complaint filed against him by Nitin Gadkari.

Kejriwal had earlier agreed to furnish a personal bond on the Delhi high court’s suggestion which had asked the AAP chief "not to make it (furnishing a personal bond) a prestige issue".

The High Court had also issued a notice to Nitin Gadkari and Delhi government on Kejriwal's plea for his immediate release from jail.

Kejriwal is in judicial custody till June 6 after he refused to furnish a personal bond in a defamation case filed by Bharatiya Janata Party leader Nitin Gadkari. He refused to pay the bail bond of Rs.10,000 and was sent to the Tihar Jail last week.

A division bench of justice Kailash Gambhir and justice Sunita Gupta allowed senior advocate Shanti Bhushan and advocate Prashant Bhushan appearing for Kejriwal to meet him in Tihar Jail and seek his instruction on the issue of filing personal bond.

"Why are you taking (it) as a prestige? Don't make it a question of prestige. File your personal bond, seek his (Kejriwal) release today. We can direct it now. You take instructions from him," the court said and posted the matter post lunch Tuesday.

Kejriwal on Monday moved a habeas corpus petition for his immediate release, saying he has been "illegally" sent to judicial custody on a "completely wrong premise of law" by the court's orders of May 21 and May 23.

He challenged a trial court order sending him to judicial custody.

"Kejriwal has been illegally sent to judicial custody till June 6 for refusing to furnish the bail bond in a summon case on a private complaint even though it was not mandatory and he was ready to give a written undertaking," said the plea.

It added that in at least four different cases, such written undertakings were accepted by the courts.