Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 54

SUPREME COURT OF INDIA
ABHAY S.OKA, AUGUSTINE GEORGE MASIH, JJ.
Sk. Md. Anisur Rahaman – Appellant
Versus
State of West Bengal & Anr. – Respondents
Criminal Appeal No. 43 of 2025 (Arising out of S.L.P. (Criminal) No.16254 of 2024)
Decided On : 03-01-2025

Advocates appeared:
For the Petitioner(s): Mr. Ranjit Kumar, Sr. Adv. Mr. Amarjit Singh Bedi, AOR Mr. Goutam Dey, Adv. Mr. Varun Chandiok, Adv. Ms. Riya Seth, Adv.
For the Respondent(s): Mr. P.S.Patwalia, Sr. Adv. Mr. Siddhesh Shirish Kotwal, AOR Ms. Manya Hasija, Adv. Mr. Soumya Nag, Adv. Mr. Tejasvi Gupta, Adv. Mr. T.Illayarasu, Adv. Mr. Yatharth Gupta, Adv. Ms. Deveshi Chand, Adv. Mr. Arvindra Nath Sharma, Adv. Mr. Gopal Sankaranarayanan, Sr. Adv. Ms. Astha Sharma, AOR Mr. Nipun Saxena, Adv. Ms. Pratbha Yadav, Adv. Ms. Ripul Swati Kumari, Adv. Ms. Trisha Chandran, Adv. Ms. Tanya Srivastava, Adv.

Bail granted under stringent conditions to ensure trial integrity and witness protection, emphasizing the necessity for cooperation from both the appellant and the State.

Headnote:(A) Criminal Procedure Code, 1973 - Section 439 - Bail - The appellant, in custody for 5 years and 2 months, is granted bail subject to stringent conditions including geographical restrictions and daily attendance at a police station - The trial is ongoing with 75 out of 114 witnesses examined - The State is directed to ensure the presence of all official witnesses and provide necessary protection to them. (Paras 3, 4, 6, 9)

(B) Conditions of Bail - The conditions imposed require the appellant to cooperate with the trial process, with provisions for cancellation of bail in case of non-compliance or delay caused by the appellant or his counsel. (Paras 4, 10)

Facts of the case:
The appellant has been in custody for over five years, with the trial expected to conclude within six months as per a previous order. The court noted the progress of witness examination.

Findings of Court:
The court found it appropriate to grant bail under stringent conditions to ensure trial integrity and witness protection.

Issues: The main issue addressed was the appropriateness of granting bail considering the duration of custody and ongoing trial proceedings.

Ratio Decidendi: The court emphasized the necessity of ensuring trial progress and witness protection while granting bail, setting specific conditions to mitigate risks of tampering and delay.

Result: Appeal disposed of; bail granted with conditions.

ORDER

Leave granted.

2. Heard the learned senior counsel appearing for the appellant, the learned senior counsel appearing for the respondent-State of West Bengal and the learned senior counsel appearing for the second respondent (complainant).

3. The appellant is in the custody for the last 5 years and 2 months. As per order dated 17th March, 2023 passed by this Court, the trial was expected to be completed within six months. As of today, out of 114 witnesses, 75 have been examined.

4. We have perused the notes of evidence. Considering the facts of the case and the role attributed to the appellant, the appellant deserves to be enlarged on bail subject to stringent conditions. One of the conditions will be that the appellant will remain confined to the city of Kolkata after his release on bail and shall mark the attendance every day at appropriate Police Station as may be directed by the Trial Court. Another condition will be that if it is found that the trial is being delayed at the instance of the appellant due to either his non-cooperation or his advocate indulging in unnecessary long cross-examination, the bail will be liable to be cancelled.

5. Apart from the aforesaid conditions, usual conditions shall be imposed which will ensure that the appellant does not tamper with the prosecution evidence and prosecution witnesses.

6. The State will have to cooperate with the Trial Court by ensuring the presence of all official witnesses. The State will have to render all effective assistance to the Special Public Prosecutor appointed under the orders of this Court.

7. We direct the State to render all possible cooperation to the Special Public Prosecutor by ensuring that all official witnesses remain present before the Court. We also direct the State to ensure that if any witness needs the protection, he/she shall be provided adequate protection.

9. We direct that the appellant shall be enlarged on bail till the conclusion of the trial by producing him before the Trial Court within a maximum period of one week from today. The Trial Court shall fix appropriate terms and conditions including the conditions incorporated above. The Trial Court shall give hearing to the counsel for the State and the second respondent on the terms and conditions of bail.

10. In the event the appellant commits any breach of the terms and conditions, it will be always open for the respondents to apply to this Court for cancellation of bail.

11. The appeal is accordingly disposed of.

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