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SUPREME COURT OF INDIA
ABHAY S.OKA, AUGUSTINE GEORGE MASIH, JJ.
Santosh Kumar @ Santosh – Appellant
VS.
The State of Bihar – Respondent
Criminal Appeal No. 3011 of 2024 (Arising out of S.L.P.(Criminal) No.6648 of 2024)
Decided On : 22-07-2024
Criminal Procedure Code, 1973 – Section 439 – [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 483] – Bail – While rejecting bail application, High Court directed that trial shall be concluded within a period of one year – Notwithstanding decision of Constitution Bench in case of High Court Bar Association, Allahabad vs. State of U.P. & Ors.1 (2024) INSC 150, High Courts are issuing such directions without even considering that every criminal Court in State of Bihar will have huge pendency – Appellant is in custody since 24th June, 2023 – Case is made out for enlarging appellant on bail, pending trial – Bail granted. (Paras 3, 4 and 5)
Facts of the case:
All offences against the appellant are triable by a Court of the Judicial Magistrate. A charge-sheet has been filed. As per counter affidavit filed by respondent-State, case is still at stage of appearance of accused. In three antecedents which are pleaded in the counter affidavit, appellant is already enlarged on bail.
Findings of Court:
Appellant shall be produced before Trial Court within a maximum period of one week from today. Trial Court shall enlarge appellant on bail on appropriate terms and conditions, pending trial.
Result : Appeal allowed.
ORDER
Leave granted.
2. Heard the learned counsel appearing for the parties.
3. All the offences against the appellant are triable by a Court of the Judicial Magistrate. A charge-sheet has been filed. As per the counter affidavit filed by the respondent-State, the case is still at the stage of appearance of the accused. In the three antecedents which are pleaded in the counter affidavit, the appellant is already enlarged on bail.
4. On 28th February, 2024 while rejecting the bail application, the High Court directed that the trial shall be concluded within a period of one year. We are surprised to note that notwithstanding the decision of the Constitution Bench in the case of High Court Bar Association, Allahabad vs. State of U.P. & Ors., (2024) INSC 150, the High Courts are issuing such directions without even considering that every criminal Court in the State of Bihar will have huge pendency.
5. Though the learned counsel appearing for the respondent-State tried to contend that the appellant has been arrested in August, 2023, even the High Court records that the appellant is in custody since 24th June, 2023. Therefore, a case is made out for enlarging the appellant on bail, pending trial.
6. For that purpose, the appellant shall be produced before the Trial Court within a maximum period of one week from today. The Trial Court shall enlarge the appellant on bail on appropriate terms and conditions, pending trial.
7. The appeal is accordingly allowed.
High Court cannot direct Trial Court to conclude trial of offence within a fixed period.
Bail is the rule and incarceration is the exception; High Courts should refrain from imposing time-bound schedules for trial conclusions unless in exceptional circumstances.
The court ruled that the High Court's refusal to grant bail was inappropriate due to the appellant's lengthy custody and lack of trial progress.
Prolonged incarceration with no prospect of the trial coming to an end makes a case for the grant of bail. Granting bail only for a limited duration is illegal and violates the right to liberty under....
Bail conditions must be reasonable and not infringe upon the rights of the accused.
The court established that continued detention pending trial is unjustified when charges have been framed but the trial has not commenced, warranting the grant of bail.
Prolonged incarceration and delay in trial proceedings can be grounds for granting bail, and non-appearance of essential witnesses before the trial court may not be a reasonable excuse.
Bail cannot be granted in a murder case after submission of charge-sheet.
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