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2019 Supreme(SC) 1904

A.M.KHANWILKAR, AJAY RASTOGI
Suresh Kumar – Appellant
Versus
State Of Rajasthan – Respondent


Advocates Appeared:
Ajit Kumaar Thakur, Adv., Raj Kishor Choudhary, Adv., Milind Kumar, Adv.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • The Supreme Court of India emphasized that the necessity of custodial interrogation and the duration of custody are crucial factors in deciding whether to grant bail [judgement_subject].

  • The appellant was arrested under Section 420 IPC and had been in custody since April 2018. Since the chargesheet had already been filed and custodial interrogation was no longer necessary, this influenced the court's decision (!) .

  • The court considered the fact that the appellant had been in custody for a prolonged period and that the chargesheet was filed, leading to the conclusion that bail should be granted (!) .

  • The court directed the appellant to be released on bail, subject to the satisfaction of the Trial Court and any terms and conditions it may impose (!) .

  • The judgment underscores that the main legal considerations in bail decisions include the length of custody and the requirement for custodial interrogation, especially when the chargesheet has been filed and further interrogation is unnecessary [judgement_subject].

Please let me know if you need further analysis or specific legal advice related to this document.


ORDER

1. Leave granted.

2. Heard learned counsel for the parties.

3. The appellant has been arrested in connection with offence punishable under Section 420 IPC in reference to F.I.R. No. 321 of 2017 registered at Police Station - Srimadhopur, District - Sikar.

4. Considering the fact that the appellant is in custody since April, 2018 and more so because the chargsheet has already been filed and custodial interrogation of the appellant is no more required, we are inclined to allow the prayer for bail.

5. The Appellant is directed to be released on bail to the satisfaction of the Trial Court in connection with the aforementioned F.I.R. and on such terms and conditions as may be imposed by the Trial Court. Appeal is disposed of accordingly.

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