2017 Supreme(SC) 965

SUPREME COURT OF INDIA
J. Chelameswar, S. Abdul Nazeer, JJ.
Balkrishna Tukaram Angre – Appellant
Versus
State of Maharashtra – Respondent
Criminal Appeal No. 1704 of 2017 (Arising out of SLP (Crl.) No. 4369 of 2017)
Decided On : 22-09-2017

The court considered the nature of the prosecution's case based on circumstantial evidence, the length of custody, and the filing of the chargesheet in deciding to grant bail to the appellant.

Headnote:

Bail - Circumstantial Evidence - Release of Appellant

Fact of the Case:

The appellant is facing trial for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code. His bail application was rejected by the High Court. The prosecution's case rests on circumstantial evidence, and the appellant has been in custody for fifteen months with the chargesheet already filed.

Finding of the Court:

The court, after hearing the counsel for the parties, found it just and proper to release the appellant on bail. The court ordered the appellant to be released on bail on execution of a bond with two sureties to the satisfaction of the trial Judge, with the trial Judge permitted to impose necessary conditions for ensuring the appellant's attendance on the trial court dates.

Issues: Enlargement on bail, Circumstantial evidence, Length of custody, Chargesheet filed

Ratio Decidendi: The court considered the length of custody, the nature of the prosecution's case based on circumstantial evidence, and the filing of the chargesheet in reaching the decision to grant bail to the appellant.

Final Decision: The order of the High Court rejecting the bail application is set aside, and the appeal is allowed, granting bail to the appellant.