SUPREME COURT OF INDIA
K. T. Thomas, M. K. Mukherjee, S. P. Kurdukar
DR. JAGANNATH MISHRA, APPELLANT
Versus
C.B.I., RESPONDENT.
Criminal Appeal No. 952 of 1997 (Arising out of SLP (Crl.) No. 2842 of 1997), decided on October 13, 1997.
Bail - Conditions - Release on bail with conditions
Fact of the Case:
The appellant sought bail, and the court considered the submitted charge-sheet and the absence of further investigation as grounds for granting bail with conditions.
Finding of the Court:
The court allowed the appeal and directed the release of the appellant on bail, subject to specified conditions.
Issues: Bail application and conditions for release
Ratio Decidendi: Granting bail based on submitted charge-sheet and absence of ongoing investigation, with specified conditions to ensure compliance.
Final Decision: The appeal was allowed, and the appellant was directed to be released on bail with specified conditions.
ORDER
1. Leave granted. Heard learned counsel for the parties.
2. Considering the facts and circumstances of the case, particularly the facts that charge-sheet has already been submitted against the appellant and that at present no further investigation in this case is in progress against him, we direct that the appellant be released on bail to the satisfaction of the Special Judge, (A.H. Case), Patna and subject to the following conditions :
(a) He shall not enter the State of Bihar except for the purpose of attending court in connection with the case in question. If however, for urgent purposes, the appellant is required to enter the above State, he may do so only with the prior permission of the Special Judge; and
(b) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any other authority.
3. The appeal is, thus allowed.
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