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2025 Supreme(Online)(SC) 5665

SUPREME COURT OF INDIA
M.M. SUNDRESH, NONGMEIKAPAM KOTISWAR SINGH, JJ
SURAJ – Appellant
Versus
STATE OF MAHARASHTRA – Respondent
CRIMINAL APPEAL NO. OF 2025 | SLP(CRL.) No.8124/2025



Advocates:
For the Appellants/Petitioners: Mr. Manan Daga, Mr. Rajendra Daga, Ms. Akriti Chaubey, Mr. Abhilash Pattnaik
For the Respondents: Mr. Siddharth Dharmadhikari, Mr. Aaditya Aniruddha Pande, Mr. Shrirang B. Varma, Mr. Bharat Bagla, Mr. Sourav Singh, Mr. Aditya Krishna, Mr. Adarsh Dubey

The court held that prolonged incarceration without necessity warrants the grant of bail to an accused.

Headnote:This judgment addresses the appeal of the appellant arraigned under various sections of the Indian Penal Code and related statutes. The court finds that continued custody is unnecessary since the appellant has been in custody for over a year and a chargesheet has been filed, thus granting bail. The court states the appeal is allowed and the terms of bail may be determined by the Trial Court. The order reflects the court's determination to uphold the rights of the appellant while ensuring compliance with judicial oversight.

Table of Content
1. incarceration duration calls for bail. (Para 3)

O R D E R

1. Leave granted.

2. We have heard the learned counsel appearing for the parties.

3.The appellant has been arraigned as an accused in Crime No.236/2024, for the offences punishable under Sections 4 20 , 406, 409, 467, 468, 470, 471, 477A, 201 and 120B of the Indian Penal Code, 1860 , read with Sections 4 3 (b), 65, 66B, 66C, and 66D of the Information Technology Act, 2000 , read with Sections 4 and 5 of the Maharashtra Prevention of Gambling Act, 1887 .

Signature Not Verified 4. Admittedly, the appellant has been under Digitally signed by SWETA BALODI Date: 2025.07.15

16:30:27 IST Reason: incarceration for more than one year. The chargesheet has also been filed. Thus, continued custody of the appellant is no longer required.

5. Considering the above, we are inclined to set aside the impugned order and grant bail to the appellant.

6. Accordingly, the impugned order stands set aside and the appellant is granted bail, subject to the terms and conditions that may be imposed by the Trial Court.

7. The appeal is allowed, accordingly.

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

……………………………………………………………………J.

[M.M. SUNDRESH]

……………………………………………………………………J.

[NONGMEIKAPAM KOTISWAR SINGH]

NEW DELHI;

14th JULY, 2025 ITEM NO.16 COURT NO.6 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). 8124/2025 [Arising out of impugned final judgment and order dated 03-04-2025 in CRABA No. 78/2025 passed by the High Court of Judicature at Bombay at Nagpur]

SURAJ Petitioner(s)

VERSUS STATE OF MAHARASHTRA Respondent(s)

FOR ADMISSION IA No. 133907/2025 - EXEMPTION FROM FILING O.T. Date : 14-07-2025 This matter was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH For Petitioner(s) Mr. Manan Daga, Adv.

Mr. Rajendra Daga, Adv. Ms. Akriti Chaubey, AOR Mr. Abhilash Pattnaik, Adv.

For Respondent(s) Mr. Siddharth Dharmadhikari, Adv.

Mr. Aaditya Aniruddha Pande, AOR Mr. Shrirang B. Varma, Adv.

Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv.

Mr. Aditya Krishna, Adv.

Mr. Adarsh Dubey, Adv.

UPON hearing the counsel the Court made the following O R D E R Leave granted.

The relevant portion of the order reads as under:-

‘Accordingly, the impugned order stands set aside and the appellant is granted bail, subject to the terms and conditions that may be imposed 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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