1. Accused charged under Sections 302 and 201 of the Indian Penal Code, 1860. (Para 2 )
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2025 Supreme(SC) 1408
SUPREME COURT OF INDIA
M.M. SUNDRESH AND RAJESH BINDAL, JJ.
Saikul @ Sakil - Appellant
Versus
State Of Rajasthan And Another - Respondent
Criminal Appeal No. 184 of 2025 [@ SLP [Crl.] No.15753 of 2024]
Decided on : 10-01-2025
Important Points
The court granted bail to an accused charged under Sections 302 and 201 IPC, considering the period of incarceration, the progress of the trial, the absence of criminal antecedents, and the fact that the case is based on circumstantial evidence.
Subject
Criminal Law - Bail
Act Referred
Headnote
(A) Indian Penal Code, 1860 - Sections 302 and 201 - Criminal charge for murder and destruction of evidence - The appellant has been in incarceration for over two years, with 22 out of 36 witnesses having testified. No prior criminal records against the appellant, who is implicated under circumstantial evidence - Court considers the duration of imprisonment and pending evidence in granting bail. (Paras 2, 3, 4)
Findings of Court:
The court determined that the appellant is eligible for bail due to the substantial period of incarceration and absence of prior criminal antecedents.
Issues: The primary issue addressed was whether to grant bail to the appellant in light of the circumstances of the case and procedural progress.
Ratio Decidendi: The court established that given the appellant's lack of criminal history and the fact that a significant number of witnesses have been examined, it justified granting bail.
Result: The appeal stands allowed and bail is granted to the appellant.
Findings of Court:
The court determined that the appellant is eligible for bail due to the substantial period of incarceration and absence of prior criminal antecedents.
Issues: The primary issue addressed was whether to grant bail to the appellant in light of the circumstances of the case and procedural progress.
Ratio Decidendi: The court established that given the appellant's lack of criminal history and the fact that a significant number of witnesses have been examined, it justified granting bail.
Result: The appeal stands allowed and bail is granted to the appellant.
Legal Category Hierarchy
Table of Contents
2. Court considered the period of incarceration, progress of witness examination, lack of criminal antecedents, and the circumstantial nature of the evidence. (Para 3 , 4 )
3. Bail may be granted based on the duration of incarceration, trial progress, lack of criminal history, and the reliance on circumstantial evidence. (Para 3 , 4 )
4. Impugned order set aside and bail granted to the appellant. (Para 5 , 6 )
5. What factors are considered when granting bail in cases based on circumstantial evidence?
The court considers the duration of the accused's incarceration, the progress of the trial regarding the number of witnesses examined, the absence of prior criminal antecedents, and the nature of the evidence. (Para 3 )
6. How does the progress of a trial influence a bail application?
The examination of a significant portion of the prosecution witnesses can be a material consideration in the court's decision to grant bail. (Para 3 )
7. Does the absence of criminal antecedents impact the grant of bail?
Yes, the fact that an appellant has no prior criminal antecedents is a relevant factor that the court considers when deciding to grant bail. (Para 3 )
ORDER :
1. Leave granted.
2. The appellant has been charged for the offences punishable under Sections 302 and 201 of the INDIAN PENAL CODE , 1860.
3. The appellant has been in incarceration for more than two years. We have been informed that 22 out of 36 witnesses have already been examined. The appellant does not have any prior criminal antecedents, and we are dealing with a case of circumstantial evidence.
4. Considering the above, we are inclined to set aside the impugned order and grant bail to the appellant.
5. Accordingly, the impugned order is set aside and the appellant is granted bail, on terms and conditions to the satisfaction of the Trial Court.
6. The appeal stands allowed accordingly.
7. Pending application(s), if any, shall stand disposed of.
