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2005 Supreme(SC) 669

Supreme Court Of India
K.G. BALAKRISHNAN AND TARUN CHATTERJEE, JJ.
BABBA ALIAS SHANKAR RAGHUMAN ROHIDA - Petitioner
Versus
STATE OF MAHARASHTRA - Respondent
SLP (Crl.) No. 4060 of 2004,
Decided on April 18, 2005

Headnote:

Criminal Procedure Code, 1973, Section 437 - Terrorist and Disruptive Activities (Prevention) Act, 1987 - Constitution of India, 1950, Article 136 - Grant of bail - Delay in trial - Petitioner in jail for more than 12 years - Bail refused on assumption that trial would commence at an early date - Considering the fact not some more time required to commence the trial bail granted on certain stringent conditions. [Paras 2 and 3]

ORDER

1. Heard petitioners counsel and counsel for the respondent.

2. The petitioner was involved in an offence punishable under TADA.

The petitioner has been in jail since 16-7-1992 and bail was refused to him thinking that the trial of the case would commence at an early date. Unfortunately, there is no regular TADA Court at Bombay and a District Judge is put in charge of the trial of the TADA cases for the time being and it is submitted by the counsel for the State that some more time may be required to commence the trial of the accused. In view of these circumstances, we are inclined to grant bail to the petitioner on certain stringent conditions. The petitioner is a resident of Thane within the jurisdiction of Thane Police Station, Crime Branch, Ulhas Nagar.

3. The petitioner is directed to be released on bail and he shall report to the Police Inspector, Ulhas Nagar Unit, Crime Branch, Thane once in a week and the petitioner shall not leave the jurisdiction of Thane Police Station without the previous permission of the TADA Special Judge. If the petitioner has got any passport or any other travel documents, he shall surrender the same before the TADA Special Judge. Incorporating the above conditions, the petitioner shall execute a bond in favour of the TADA Special Judge.

4. With the above directions, the special leave petition is disposed of.

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