ARAVIND KUMAR, J. K. MAHESHWARI
Santosh Mallur Nagraj @ Santosh – Appellant
Versus
State By Jeevan Bheema Nagar Police Station – Respondent
| Table of Content |
|---|
| 1. petitioner in custody for serious charges. (Para 1) |
| 2. bail granted based on circumstances. (Para 2) |
| 3. special leave petition allowed. (Para 4 , 5) |
ORDER :
2. As per order dated 20.12.2024, the petitioner was released on interim bail for a period of three weeks on account of his medical condition. As stated before us, on lapse of that period, the petitioner has surrendered on 16.01.2025. After hearing learned counsel for the parties and in the facts and circumstances of the present case where the investigation has been completed and the trial is yet to commence, subject to final outcome of the case, without expressing any opinion on the merits of the case, we deem it appropriate to release the petitioner on bail on furnishing the suitable bail bonds and sureties and on such other terms and conditions as may be deemed fit by the trial Court.
4. Accordingly and in view of the foregoing, the special leave petition stands allowed.
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.
The court recognized the distinction between serious and heinous offences under the Juvenile Justice Act, granting interim bail to a juvenile with specific conditions.
Bail can be granted based on the circumstances and records of the case, despite serious charges.
The petitioner will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the I....
Courts may grant interim bail for medical treatment based on the nature of illness, while allowing petitioners to pursue regular bail through appropriate legal channels.
Point of Law : Petitioner cannot be kept behind bars for an unlimited period, so petitioner may be enlarged on bail by allowing instant petition.
The length of custody and the likelihood of trial delay can be key factors in granting bail, regardless of the seriousness of the charges.
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