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SUPREME COURT OF INDIA
A.S. BOPANNA, DIPANKAR DATTA, JJ.
NAVAL DIPAKKUMAR THAKKAR - Appellant(s)
VERSUS
THE STATE OF GUJARAT & ANR. - Respondent(s)
CRIMINAL APPEAL No. 1161 OF 2023 (Arising out of SLP(Criminal) No. 605 of 2023 )
Decided On : 18-04-2023
Criminal Procedure Code, 1973 – Section 439 – Indian Penal Code, 1860 – Section 376(2) – Bail – Appellant is facing proceedings in respect of allegation under Section 376(2) of Indian Penal Code – Appellant has spent more than eight months in custody as on date – Though, charge-sheet has been filed, Trial Court has not yet framed charges and trial has not commenced – It is appropriate to direct release of appellant on bail subject to appropriate conditions to be imposed by Trial Court – Trial Court while imposing appropriate conditions upon appellant for his release, shall also impose condition that appellant shall not make any attempt to establish any contact with prosecutrix until evidence of prosecutrix is recorded before Trial Court. (Paras 4, 5 and 6)
Facts of the case:
Appellant is facing proceedings in respect of allegation under Section 376(2) of Indian Penal Code – Appellant has spent more than eight months in custody as on date – Though, charge-sheet has been filed, Trial Court has not yet framed charges and trial has not commenced
Findings of Court:
After evidence of the prosecutrix is recorded, appellant would have the liberty to seek modification of condition with regard to the appellant not entering Vadodara City, Gujarat and Trial Court shall consider the same in accordance with law. All other conditions, appropriate in the instant case, shall be imposed on appellant by the Trial Court.
Result : Appeal allowed.
ORDER :
1. Leave granted.
2. Application (IA No. 53214/2023) seeking intervention/impleadment is allowed.
3. Heard the learned counsel for the appellant, the learned counsel for the respondent-State as also the learned counsel for the prosecutrix and the informant and perused the appeal papers.
4. The appellant is facing proceedings in respect of the allegation under Section 376(2) of the Indian Penal Code. The appellant was arrested on 10.08.2022 and has spent more than eight months in custody as on date. Though, the charge-sheet has been filed, the Trial Court has not yet framed the charges and the trial has not commenced. In a matter of the present nature though, we have referred to the entire material available on record including the explanation sought to be put forth by the appellant, we do not propose to specifically refer to the same as it may otherwise affect the case of the parties on merits.
5. However, having taken into consideration the fact that charge-sheet has been filed and the appellant has been in incarceration for more than eight months, we deem it appropriate to direct release of the appellant on bail subject to the appropriate conditions to be imposed by the Trial Court.
6. We specify that the Trial Court while imposing appropriate conditions upon the appellant for his release, shall also impose the condition that the appellant shall not go back to Vadodara City, Gujarat or stay there and also not make any attempt to establish any contact with the prosecutrix until the evidence of the prosecutrix is recorded before the Trial Court. After the evidence of the prosecutix is recorded, the appellant would have the liberty to seek modification of the condition with regard to the appellant not entering the Vadodara City, Gujarat and the Trial Court shall consider the same in accordance with law. All other conditions, appropriate in the instant case, shall be imposed on the appellant by the Trial Court.
7. Ordered accordingly.
8. In terms thereof, the appeal is disposed of along with pending application(s), if any.
Bail can be granted in cases where charge-sheet has been filed butTrial Court has not yet framed charges and trial has not commenced and accused has spent more than eight months in custody.
The court suspended the appellant's sentence and granted bail due to the lengthy delay in appeal proceedings and the time already served.
Extended detention before trial may amount to punishment, allowing for bail under strict conditions to prevent potential witness tampering.
The court applied the provisions of the Criminal Procedure Code to grant bail, considering the nature of the offence and imposing specific conditions for the applicant's release.
The court considered the period of custody and attending circumstances as grounds for granting bail to the petitioner, without expressing any view on the merits of the case.
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