Back
SUPREME COURT OF INDIA
RANJAN GOGOI, NAVIN SINHA, JJ.
Pravat Kumar Dash - Appellant
Versus
Central Bureau of Investigation - Respondent
Criminal Appeal No. (S) 1110 of 2017 [Arising out of Special Leave Petition (Criminal) No. 3805 of 2017]
Decided On : 11-07-2017
Bail - Release on Bail - Indian Penal Code, 1860 - Prize Chits and Money Circulation Schemes (Banning) Act, 1978
Fact of the Case:
The accused appellant had been in custody for over two and a half years for offences alleged under various sections of the Indian Penal Code and the Prize Chits and Money Circulation Schemes (Banning) Act, 1978. Despite several extensions of time for investigation, the investigation had not been completed.
Finding of the Court:
The court found that considering the period of custody suffered, the nature of the alleged offences, and the totality of the facts of the case, the accused appellant should be released on bail.
Issues: The main issue was whether the accused appellant should be released on bail given the period of custody and the nature of the alleged offences.
Ratio Decidendi: The court considered the period of custody, the nature of the alleged offences, and the failure to complete the investigation despite extensions of time in deciding to release the accused appellant on bail.
Final Decision: The court ordered the release of the appellant on bail to the satisfaction of the learned Special C.J.M. CBI, Bhubaneswar in connection with the case, setting aside the order of the High Court.
ORDER :
1. Leave granted.
2. Prayer for time to file counter affidavit made by the Special Public Prosecutor on behalf of the Central Bureau of Investigation is rejected having regard to the fact that the accused appellant is in custody for over two and half years and the offences alleged against him are under Sections 420, 467, 468, 471, 406, 417, 418, 422, 120B, 34 of the Indian Penal Code, 1860 and Sections 4, 5 and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978.
3. Partial charge-sheet has been submitted on 7th March, 2015 and thereafter despite several extensions of time for completion of the remaining part of the investigation including order of extension of time by this Court, the investigation has not been completed. Having regard to the period of custody suffered; offences alleged; and taking into account the totality of the facts of the case, we are inclined to take the view that the accused appellant should be released on bail. We order accordingly. Therefore, the appellant is ordered to be released on bail to the satisfaction of the learned Special C.J.M. CBI, Bhubaneswar in connection with R.C. Case No.49/S/14 arising out of SPE Case No.44 of 2014.
4. The learned Special C.J.M. CBI, Bhubaneswar is free to impose appropriate conditions as he deems fit.
5. Consequently, the order of the High Court is set aside and the present appeal is disposed of in the above terms.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
