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2024 Supreme(Online)(SC) 1662
SUPREME COURT OF INDIA
ANIL KUMAR SHARMA – Appellant
Versus
THE STATE OF MADHYA PRADESH – Respondent
Crl.A. No.-002546-002546 - 2024
Prolonged incarceration without trial justifies granting bail, emphasizing the right to timely justice.
Headnote:(A) Indian Penal Code, 1860 - Sections 409, 420, 467, 468, 471, and 120B - M.P. Protection of Interest of Depositors Act, 2000 - Bail pending trial - The appellant has undergone incarceration for 2 years and 4 months with no significant antecedents except for an old case from 2013 - The trial is expected to take a long time, thus justifying bail. (Paras 1, 2)
(B) Bail - The court emphasized the right to bail pending trial, particularly when incarceration has been prolonged without a swift trial process. (Paras 2)
Facts of the case:
The appellant has been in custody for over two years related to serious charges, but the trial is anticipated to be lengthy.
Findings of Court:
The court found that the appellant is entitled to bail due to the prolonged incarceration and lack of significant prior offenses.
Issues: The main issue was whether the appellant should be granted bail pending trial given the duration of incarceration and the nature of the charges.
Ratio Decidendi: The court ruled that the appellant's prolonged incarceration without trial warranted bail, emphasizing the importance of timely justice.
Result: The Appeal is allowed.
Leave granted.
Heard the learned counsel appearing for the parties.
The appellant has undergone incarceration for a period of 02 years and 04 months. The charge-sheet has been filed. Except for an old case of 2013, there are no other antecedents of the appellant.
The trial is likely to take a long time for the offences under Sections 409 , 420, 467, 468, 471 and 120B of the Indian Penal Code , 1860 as well as Section 6 of the M.P. Protection of Interest of Depositors Act , 2000. Therefore, the appellant is entitled to be enlarged on bail pending the trial.
For that purpose, we direct that the appellant shall be produced before the Trial Court within a period of one week from today. The Trial Court shall enlarge the appellant on bail on appropriate terms and conditions till the disposal of the trial.
The Appeal is, accordingly, allowed.
..........................J. (ABHAY S. OKA) ..........................J. (UJJAL BHUYAN) NEW DELHI;
- MAY 13, 2024.
- S.L.P. (CRIMINAL) NO(S).5930/2024 Digitally signed by ASHISH KONDLE Date: 2024.05.14 17:51:39 IST Reason:
- Signature Not Verified ITEM NO.5 COURT NO.7 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 5930/2024 (Arising out of impugned final judgment and order dated 20-02-2024 in MCRC No. 3377/2024 passed by the High Court of Madhya Pradesh at Indore) ANIL KUMAR SHARMA Petitioner(s) VERSUS THE STATE OF MADHYA PRADESH Respondent(s) (IA No. 88759/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 13-05-2024 This matter was called on for hearing today.
- CORAM :
- HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s) Mr. Ritik Gupta, Adv. Mr. Ashwin Kumar Nair, AOR Mr. Sunil Gupta, Adv. Mr. G.P. Singh, Adv. Mrs. Sheetal Gupta, Adv. Ms. Lavanya Dhawan, Adv. Mr. Puneet Khanna, Adv. For Respondent(s) Ms. Anuradha Mishra, D.A.G. Mr. Pashupathi Nath Razdan, AOR Mugdha Pandey, Adv. Mr. Mirza Kayesh Begg, Adv. Ms. Maitreyee Jagat Joshi, Adv. Mr. Astik Gupta, Adv. Ms. Akanksha Tomar, Adv. Mr. Argha Roy, Adv. Ms. Ojaswini Gupta, Adv. Ms. Ruby, Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted.
- The Appeal is allowed in terms of the signed order. The operative portion of the order reads thus:
- “...Therefore, the appellant is entitled to be enlarged on bail pending the trial.
- For that purpose, we direct that the appellant shall be produced before the Trial Court within a period of one week from today. The Trial Court shall enlarge the appellant on bail on appropriate terms and conditions till the disposal of the trial.
- The Appeal is, accordingly, allowed.”
- Pending application stands disposed of accordingly.
