1. Accused in custody for over twelve years pending conclusion of trial in connection with a registered FIR. (Para 3 )
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2021 Supreme(SC) 913
SUPREME COURT OF INDIA
A.M. Khanwilkar, B.R. Gavai, Krishna Murari, JJ.
Rakesh Mishra - Appellant
Versus
The State Of West Bengal - Respondent
Criminal Appeal No. of 2021 (Arising Out of SLP (Crl.) No. 5772 of 2020)
Decided On : 18-01-2021
Advocates appeared:
Mr. Prashant Shukla, Advocate., Mr. Suyash Srivastava, Advocate., Ms. Shreya Mishra, Advocate., Mr. Satyajeet Kumar, Advocate, for the Appellant; Mr. Suhaan Mukerji, Advocate., Mr. Vishal Prashad, Advocate. Mr. Nikhil Parikshith, Advocate., Mr. Abhishek Manchanda, Advocate., M/S. Plr Chambers And Co., Advocate, for the Respondent.
Mr. Prashant Shukla, Advocate., Mr. Suyash Srivastava, Advocate., Ms. Shreya Mishra, Advocate., Mr. Satyajeet Kumar, Advocate, for the Appellant; Mr. Suhaan Mukerji, Advocate., Mr. Vishal Prashad, Advocate. Mr. Nikhil Parikshith, Advocate., Mr. Abhishek Manchanda, Advocate., M/S. Plr Chambers And Co., Advocate, for the Respondent.
Points Of Law : Appellant is in jail in connection with the crime registered by FIR No. 226 of 2009 for more than 12 years and trial is still not concluded.
Headnote:
Criminal Appeal - Fast Track - Pendency of Sessions – Court are appalled to notice that appellant is in jail in connection with crime registered by FIR for more that years and trial is still not concluded.
Finding Of The Court :
In interest of justice Court direct that during pendency of Sessions Trial pending before Additional District & Sessions Judge Fast Track Court-I South appellant be released on bail to satisfaction of Trial Court in connection with FIR registered at Police Station District-EST and on such terms and conditions as may be imposed by Trial Court - As a result court set aside impugned order passed by High Court - Appeal is allowed in above terms – Court further direct Trial Court to ensure that trial is concluded not later than six months from receipt of copy of this order and submit compliance in that regard within same period.
Result : Appeal disposed
Legal Category Hierarchy
Table of Contents
2. Prolonged incarceration of the accused for over twelve years without conclusion of trial is contrary to the interests of justice. (Para 3 )
3. Undue delay in the conclusion of a trial serves as a ground for granting bail to the accused in the interest of justice. (Para 3 , 4 )
4. Appeal allowed — High Court order set aside — Accused released on bail — Trial directed to be concluded within six months. (Para 4 , 5 , 6 )
5. Does prolonged delay in trial justify the grant of bail?
Yes, the court held that when an accused has been in jail for an excessive period and the trial remains inconclusive, bail may be granted in the interest of justice. (Para 3 , 4 )
6. Can the court mandate a specific timeframe for the conclusion of a trial when granting bail?
Yes, the court can direct the Trial Court to conclude the trial within a specified period and require the submission of a compliance report. (Para 6 )
ORDER
1. Leave granted.
2. Heard learned counsel for the parties.
3. We are appalled to notice that the appellant is in jail in connection with the crime registered by FIR No. 226 of 2009 for more than 12 years and the trial is still not concluded.
4. Resultantly, in the interest of justice, we direct that, during the pendency of Sessions Trial No. 3(1) 2010 pending before Additional District & Sessions Judge, Fast Track Court-I, Sealdah, South 24 Parganas, the appellant (Rakesh Mishra) be released on bail to the satisfaction of the Trial Court in connection with FIR No. 226 of 2009 registered at Police Station-Berlkeldbanga, District-EST Kolkata, West Bengal and on such terms and conditions as may be imposed by the Trial Court.
5. As a result, we set aside the impugned order passed by the High Court. The appeal is allowed in the above terms.
6. We further direct the Trial Court to ensure that the trial is concluded not later than six months from receipt of copy of this order and submit compliance in that regard within the same period.
7. Pending applications, if any, stand disposed of.
