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SUPREME COURT OF INDIA
ABHAY S. OKA, AUGUSTINE GEORGE MASIH, JJ.
Abdulmajid Abdulsattar Memon - Appellant
Versus
State of Gujarat - Respondent
Criminal Appeal No. 3525 of 2024 (Arising Out of SLP (Criminal) No(s).8686/2024)
Decided On : 27-08-2024
JUDGMENT :
1. Heard the learned counsel appearing for the parties.
2. Leave granted.
3. The appellant has been in custody for last more than 01 year and 03 months. On 22nd November, 2023, Special Leave Petition filed by the appellant against an order rejecting bail was not entertained by this Court by observing that at that stage, no case was made out to enlarge the appellant on bail. After 22nd November, 2023, there is no progress in the trial. Even, charge has not been framed. The antecedents of the appellant are pressed into service. Out of 14 cases, we find that in 09 cases, either the appellant has been acquitted or the offence has been quashed.
4. It is not in dispute that the case is a Magistrate triable case. In our view, the High Court ought to have granted bail to the appellant.
5. Accordingly, we direct that 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, till the final disposal of the trial.
6. The Appeal is, accordingly, allowed.
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.
High Court cannot direct Trial Court to conclude trial of offence within a fixed period.
The right to timely trial is fundamental, and prolonged pre-trial detention may necessitate bail to uphold judicial fairness.
The court granted bail due to prolonged incarceration and absence of prior criminal history, emphasizing the importance of timely trial proceedings.
Bail conditions must be reasonable and not infringe upon the rights of the accused.
The court granted bail to a septuagenarian accused, emphasizing that prolonged detention pending trial is unwarranted, while clarifying that this does not affect the merits of the case.
The appellate court emphasized that bail decisions must adhere to established legal principles and prior rulings, ensuring that serious offenses are appropriately adjudicated.
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