1997 Supreme(SC) 1855

SUPREME COURT OF INDIA
J.S. Verma and S.P. Kurdukar, JJ.
Moolchand Sampatraj Shah - Appellant
Versus
State of Maharashtra - Respondent
Crl.A. No. 182 of 1997 (Arising out of S.L.P. (Crl.) No. 894 of 1995)
Decided On : 18-02-1997

Headnote:

Trial court – Condo nation of delay - Appellant is in custody since when he was arrested in connection with offences for which he is being tried by the Designated Court, Greater Bombay in B.B.C. No. 1/93. We are informed that the only direct witnesses against the appellant remaining to be examined are two Police Officers, the other witnesses against him having already been examined at the trial - In the facts and circumstances of the case and in view of the earlier stated facts in particular, we direct release of the appellant on bail on his furnishing his personal bond for the sum two sureties of the like amount to the satisfaction of the Designated Court, Greater Bombay. The bail granted to the appellant during the trial is subject to the conditions specified hereafter, which are to be strictly obeyed by the appellant. The conditions of bail are as under – HELD, In the facts and circumstances of the case and in view of the earlier stated facts in particular, we direct release of the appellant on bail on his furnishing his personal bond for the sum of Rs. 1 lakh and two sureties of the like amount to the satisfaction of the Designated Court, Greater Bombay. The bail granted to the appellant during the trial is subject to the conditions specified hereafter, which are to be strictly obeyed by the appellant. The conditions of bail are as under - Appellant will not leave the country without permission of the Designated Court. He will surrender his passport, if any, to C.B.I. - Appellant shall not make any attempt to influence any of the prosecution witnesses directly or through any other person, or in any other way, try to tamper with the evidence or influence any witness in this case or any other case against him or any other crime under investigation by any Government agency - If the appellant desires to go out of Mumbai, he shall take prior permission of the Designated Court, Mumbai and shall give prior intimation to the CBI about his programme including the places, addresses where he may be contacted during that period - Appellant shall cooperate in the early completion of the trial and shall attend the hearings unless exempted - Appellant shall intimate the place of his residence and shall not change the same without the prior intimation to the CBI of his intention to shift elsewhere - Appellant will appear before the officer concerned of the CBI or any other Government agency whenever required in connection with any crime or matter under investigation - Appeal is disposed of