Bail granted to appellants after over 5 years of incarceration, emphasizing the need for expeditious trial proceedings.

Headnote:(A) Indian Penal Code, 1860 - Sections 420, 406, 409, 467, 468, 470, 477A and 120B - Bail granted to appellants, Rahul Modi and Mukesh Modi, during trial period as they have undergone more than 5 years of incarceration and trial is at a nascent stage. The trial court is directed to fix terms and conditions for bail. (Paras 1, 2)

(B) The court emphasized the need for expeditious proceedings and that any delay caused by the appellants may lead to cancellation of bail. (Paras 3, 4)

Facts of the case:
The appellants were charged under multiple sections of the Indian Penal Code related to fraud and conspiracy, and had been incarcerated for over 5 years.

Findings of Court:
The court accepted the appeal and directed the release of the appellants on bail, acknowledging the significant period of incarceration and the early stage of the trial.

Issues: The main issue addressed was the appropriateness of granting bail considering the duration of incarceration and the status of the trial.

Ratio Decidendi: The court ruled that the lengthy incarceration of the appellants warranted the granting of bail, while also imposing conditions to ensure their cooperation with the trial process.

Result: Appeal allowed and bail granted.

O R D E R

Leave granted.

Having regard to the period of incarceration undergone by the appellants, namely, Rahul Modi and Mukesh Modi, which is more than 5 years and as the trial is at a nascent stage, we accept the present appeal and direct that the appellants, namely, Rahul Modi and Mukesh Modi, shall be released on bail during the pendency of the trial in connection with First Information Report/Crime No. 563/2019 dated 19.10.2019 registered with Police Station – Thalipur, District – Gwalior, Madhya Pradesh, for the offence(s) punishable under Sections 420 , 406 , 409 , 467 , 468 , 470 , 477A and 120B of the Indian Penal Code, 1860 , on terms and conditions to be fixed by the trial court.

The appellants, namely, Rahul Modi and Mukesh Modi, shall Signaaturel Nost Veorifie d provide the mobile numbers on which they can be contacted by the Investigating Officer/Station House Officer of the concerned police station to ascertain their whereabouts, while they are on bail.

In addition, the appellants, namely, Rahul Modi and Mukesh Modi, shall surrender their passport(s), if any, and will not leave India without the permission of the trial court.

We request the trial court to proceed expeditiously. In case, the appellants delay the proceedings by seeking adjournments or otherwise, it will be open to the trial court to cancel the bail.

The impugned judgment is set aside and the appeal is allowed in the aforesaid terms.

We clarify that the observations made in this order are for disposal of the present appeal and for grant of bail and the same shall not be treated as an expression of opinion on the merits of the case.

Pending application(s), if any, shall stand disposed of.

O R D E R

Leave granted.

In terms of the signed order, it is directed that the appellants, namely, Rahul Modi and Mukesh Modi, shall be released on bail during the pendency of the trial in connection with First Information Report/Crime No. 563/2019 dated 19.10.2019 registered with Police Station – Thalipur, District – Gwalior, Madhya Pradesh, for the offence(s) punishable under Sections 420 , 406 , 409 , 467 , 468 , 470 , 477A and 120B of the Indian Penal Code, 1860 , on terms and conditions to be fixed by the trial court.

The appeal is allowed in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

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2025 Supreme(Online)(SC) 71

SUPREME COURT OF INDIARAHUL MODI – AppellantVersusTHE STATE OF MADHYA PRADESH – RespondentCrl.A. No.-000278-000278 - 2025

Bail granted to appellants after over 5 years of incarceration, emphasizing the need for expeditious trial proceedings.

SUPREME COURT OF INDIA
RAHUL MODI – Appellant
Versus
THE STATE OF MADHYA PRADESH – Respondent
Crl.A. No.-000278-000278 - 2025