Back
2018 Supreme(SC) 2053
SUPREME COURT OF INDIA
KURIAN JOSEPH, NAVIN SINHA, JJ.
ANAND PRAKASH DODDAMANI - APPELLANTS
Vs.
STATE OF MAHARASHTRA - RESPONDENTS
CRIMINAL APPEAL NO. 479/2018
(ARISING FROM SLP (CRL) NO.7146 OF 2017)
Decided on : 02-04-2018
The delay in trial commencement and completion of investigation can be considered in granting bail.
Headnote:
Bail - Release on Bail - Summary
Fact of the Case:
The appellant's bail application was rejected by the High Court despite being in jail since 22.10.2016, with the investigation completed and charge-sheet filed but trial not commenced.
Finding of the Court:
The court found it just and proper to release the appellant on bail pending trial, considering the entire facts and circumstances of the case.
Issues: Bail application rejection, delay in trial commencement
Ratio Decidendi: The delay in trial commencement and completion of investigation influenced the court's decision to grant bail.
Final Decision: The appeal was allowed, and the appellant was released on bail, subject to conditions imposed by the Trial Court.
ORDER :
Leave granted.
2. The application for bail filed by the appellant herein was rejected by the High Court.
3. We find that the appellant has been in jail since 22.10.2016 in relation to FIR No.07/2016 registered with Police Station Sitabuldi, Nagpur. The investigation has been completed and the charge-sheet has also been filed. However, the trial has not yet commenced.
4. Having regard to the entire facts and circumstances of the case, we are of the view that it
is only just and proper that the appellant is released on bail, pending trial.
5. Therefore, this appeal is allowed, releasing the appellant on bail, in connection with Crime No.7 of 2016, P.S. Sitabuldi, Nagpur, subject to such conditions as may be imposed by the Trial Court.
6. The appeal is allowed, as above.
7. Pending applications, if any, shall stand disposed of.
