1. Appeal for grant of bail — long incarceration — pending trial. (Para 2 )
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1998 Supreme(SC) 398
SUPREME COURT OF INDIA
M. M. Punchhi, CJI., B. N. Kirpal, K. Venkataswami, JJ.
SUNIL K. SINHA, APPELLANT
Versus
STATE OF BIHAR THROUGH S.P. CBI, RESPONDENT.
Criminal Appeal No. 373 of 1998 (Arising out of SLP (Crl.) No. 380 of 1998),
decided on March 27, 1998.
Long incarceration and the likelihood of a trial taking significant time to conclude are valid grounds for the grant of bail.
Headnote:(A) Criminal Law - Bail - Long incarceration and delay in trial - Where the appellant has been incarcerated for a significant period and the trial is likely to consume further time, a case for grant of bail is made out. (Para 2)
Facts of the case:
The appellant had been in incarceration since May 1996. The trial was expected to take some time to conclude. The appellant approached the court challenging the orders of the High Court which had previously denied bail.
Findings of Court:
The court found that the duration of the appellant's incarceration and the likelihood of the trial taking further time justified the grant of bail.
Issues: Whether the appellant is entitled to bail given the length of incarceration and the anticipated time required for the trial to conclude.
Ratio Decidendi: Long incarceration combined with the fact that the trial is likely to consume more time constitutes a sufficient basis for the grant of bail.
Result: Appeal allowed.
Legal Category Hierarchy
-
crime and sentencing
-
bail
- long incarceration (Para 2)
-
bail
Table of Contents
2. Long incarceration and the likelihood of the trial taking time justify the grant of bail. (Para 2 )
3. Long incarceration and the expected duration of the trial constitute sufficient grounds for granting bail. (Para 2 )
4. Appeal allowed — impugned orders set aside — appellant released on bail subject to conditions. (Para 2 )
5. Can long incarceration be a ground for granting bail?
Yes, long incarceration, especially when the trial is likely to take further time, can be a sufficient ground for the court to grant bail. (Para 2 )
ORDER
1. Leave granted. Heard learned counsel.
2. In view of the long incarceration of the appellant since 25-5-1996 and the trial likely to consume some time, we think that a case for grant of bail has been made out in favour of the appellant. Accordingly, we allow this appeal, set aside the impugned orders of the High Court and direct release of the appellant on bail in the sum of Rs. 1 lakh with two sureties of the like amount to the satisfaction of the Special Judge, Animal Husbandry, Patna. The bail bond would be accepted on the condition that if the appellant is a passport-holder, he shall surrender the passport to the Special Judge, Animal Husbandry, Patna.
