1. Prosecution for criminal conspiracy, forgery, and falsification of accounts under Sections 120-B, 468, and 477-A of the Indian Penal Code. (Para 2 )
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2000 Supreme(SC) 17
2000(5) Supreme 52
SUPREME COURT OF INDIA
K.T. Thomas & M.B. Shah, JJ.
Mahesh Kumar Bhawsinghka -Appellant
versus
State of Delhi -Respondent
Criminal Appeal No. 1 of 2000
(Arising out of SLP (Cr.) No. 2702/1999)
Decided on 4-1-2000
Important Points
The Court directed the trial court to complete the trial within three months. If the trial is not completed within this period, and the delay is not attributable to the appellant, the appellant shall be released on bail, balancing the offence's magnitude with the duration of incarceration.
Subject
Bail - Grant of Bail
Act Referred
Headnote
Code of Criminal Procedure, 1973-Section 437-Bail-Offence under Sections 120-B, 468 and 477-A IPC-Amount allegedly embezzled close to one crore-Trial Court directed to commence trial and complete trial within three months-Accused to be released on bail if trial not completed within three months. (Para 4)
Legal Category Hierarchy
Table of Contents
2. Appellant contends long incarceration justifies bail; prosecution and aggrieved party oppose the grant of bail. (Para 2 , 3 )
3. The court acknowledges the magnitude of the offence alongside the duration of the appellant's incarceration. (Para 2 , 3 )
4. Bail may be granted if a trial is not completed within a court-mandated timeframe, provided the delay is not attributable to the accused. (Para 4 )
5. Trial to be completed within three months; failure to do so results in bail, unless the delay is attributable to the appellant. (Para 4 )
6. What factors are considered when balancing the gravity of an offence against the duration of incarceration for bail?
The court considers both the magnitude of the offence and the length of time the accused has spent in jail to determine the appropriateness of bail. (Para 2 , 3 )
7. Can a court grant bail contingent upon the failure to complete a trial within a specific timeframe?
Yes, a court may direct that an accused be released on bail if the trial is not completed within a stipulated period, provided the delay is not caused by the accused. (Para 4 )
ORDER
Leave granted.
2. The appellant is now facing prosecution alongwith another person for offences under Sections 120-B, 468 and 477-A of the Indian Penal Code besides some other offences. The amount alleged to have been embezzled would have crossed the staggering mark of one crore had it been added with one more lakh of rupees. We stated this to highlight the magnitude of the offence involved. Mr. D.D. Thakur learned senior counsel contended that the fact that appellant was in jail for a long time is very germane in granting bail for offence of this nature.
3. The motion for bail has been seriously opposed by the learned Additional Solicitor General and also learned counsel for the aggrieved party-Company. We find some force in the contention of both sides and therefore we adopt a via media as follows :
4. The trial Court shall commence taking evidence in this case within one month from today (if not already started) after fixing a schedule of postings from day-to-day and complete the trial before the expiry of three months from today. If the trial is not completed on or before the expiry of three months from today, we direct the trial Judge to release the appellant on bail on his executing a bond with two solvent sureties to his satisfaction. But we make it clear that if the inability to complete the trial is attributable to the appellant, he will not get the benefit indicated above with these observations and directions the appeal is disposed of.
(C.R.) Appeal disposed of accordingly.
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