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PANKAJ MITHAL, S.V.N. BHATTI
Amit Singh – Appellant
Versus
State Of Chhattisgarh – Respondent
ORDER :
1. Heard learned counsel for the parties.
2. The petitioner is involved in connection with a case pursuant to FIR No.0053/2024 dated 25.01.2024. The petitioner was arrested on 26.01.2024 and has already undergone incarceration for a period of approximately two years. After the charge sheet was submitted, out of the 29 cited witnesses, 9 have been examined. The examination of the remaining witnesses is likely to take some time and therefore, the trial is not likely to be completed in the near future.
3. In the facts and circumstances of the case and the stage at which the trial stands as on today, we consider it appropriate to enlarge the petitioner on bail, subject to such terms and conditions that may be imposed by the trial Court including surrender of his passport, if any, before the Trial Court and not to leave the Country without prior approval of the Court.
4. The Special Leave Petition stands disposed of accordingly. Pending application(s), if any, shall stand disposed of.
The right to timely trial is fundamental, and prolonged pre-trial detention may necessitate bail to uphold judicial fairness.
The court allows bail in embezzlement cases based on the duration of custody and ongoing witness examination.
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.
The Supreme Court denied pre-arrest bail, emphasizing that the petitioner must surrender before the Trial Court and can later apply for bail on its own merits.
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.
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