Back
1998 Supreme(SC) 1261
SUPREME COURT OF INDIA
GT Nanavati, S.P. Kurdukar and K.T. Thomas, JJ.
Crl.A. No. 1328 of 1998 (Arising out of SLP (Crl.) No. 3802/98)
Decided On: 18.12.1998
Jagannath Mishra Appellants
versus
State of Bihar Respondent
The main legal point established is the court's discretion to grant bail and the imposition of specific conditions for release.
Headnote:
Bail - Release on Bail - The court allowed the appeal and ordered the release of the appellant on bail, subject to specific conditions.
Fact of the Case:
The appellant appealed for release on bail.
Finding of the Court:
The court found that the appellant had made out a case for releasing him on bail and allowed the appeal, setting aside the impugned order passed by the High Court.
Issues: The issue was whether the appellant should be released on bail.
Ratio Decidendi: The court considered the appellant's case and the conditions for granting bail, including restrictions on influencing witnesses and the requirement to remain present for court hearings.
Final Decision: The court ordered the release of the appellant on bail, subject to specific conditions, and disposed of the appeal accordingly.
ORDER
1. Leave granted.
2. We have heard learned counsel for the parties.
3. In our opinion, the appellant has made out a case for releasing him on bail. We, therefore, allow this appeal, set aside the impugned order passed by the High Court so far as the appellant is concerned and order that he be released on bail subject to the conditions that:
(a) He shall not directly or indirectly make any inducement, threat or permission to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court; or to any other authority;
(b) He shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent then he shall take prior permission of the Court and in case of unavoidable circumstances for remaining absent he shall immediately give intimation to the Court of Special Judge, (AHD), Patna and also to the Superintendent, C.B.1. If for any reason the appellant, wants to remain absent or is not able to remain present then he shall seek exception from the Court. He shall returns insist upon the proceedings being held up in view of his absence.
4. He is ordered to be released an bail to the satisfaction of Special Judge, C.B.I. (AHD) Patna. The appeal is disposed of accordingly.
