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SUPREME COURT OF INDIA
D.Y. CHANDRACHUD, KRISHNA MURARI, HIMA KOHLI, JJ.
Shariful Islam @ Sarif – Petitioners
Versus
The State of West Bengal – Respondents
Petition for Special Leave to Appeal (Crl.) No. 4173 of 2022 (Arising out of impugned final judgment and order dated 22032022 in CRM (NDPS) No. 299 of 2022 passed by the High Court at Calcutta)
Decided On : 04-08-2022
Bail - Length of Custody - The court granted bail to the petitioner who had been in custody for over 1 year and 6 months, considering the unlikelihood of completion of trial in the near future.
Fact of the Case:
The petitioner had been in custody since 27-1-2021 and had suffered incarceration for over 1 year and 6 months.
Finding of the Court:
The court granted bail to the petitioner, considering the length of custody and the unlikelihood of completion of trial in the near future.
Issues: Length of custody and likelihood of completion of trial.
Ratio Decidendi: The court considered the length of custody and the unlikelihood of completion of trial in the near future as grounds for granting bail.
Final Decision: The petitioner is directed to be released on bail, subject to terms and conditions deemed fit by the Trial Court.
ORDER
1. Heard learned counsel appearing for the petitioner, learned counsel appearing for the State of West Bengal and carefully perused the material available on record.
2. Taking into consideration the fact that the petitioner is reported to be in custody since 27-1-2021 and has suffered incarceration for over 1 year 6 months and there being no likelihood of completion of trial in the near future, which fact cannot be controverted by the learned counsel appearing for the State, we are inclined to grant him bail.
3. The petitioner is, therefore, directed to be released on bail, subject to such terms and conditions which the concerned Trial Court may deem fit and find appropriate to impose upon him.
4. The Special Leave Petition stands disposed of on the above terms.
5. Pending application filed in the matter also stands disposed of.
The court established that the right to adequate medical care is a critical consideration in bail applications, particularly for individuals with serious health issues.
The right to timely trial is fundamental, and prolonged pre-trial detention may necessitate bail to uphold judicial fairness.
The main legal point established in the judgment is that the grant of bail is the general rule and putting a person in jail is an exception. The court emphasized the presumption of innocence and the ....
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