SUPREME COURT OF INDIA
J.K. Maheshwari, Atul S. Chandurkar, JJ
Ankit Tiwari @ Praduyut – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. summary of offences and duration of pre-trial custody. (Para 1) |
| 2. court’s discretion in granting bail based on duration of detention. (Para 2 , 3 , 4 , 5) |
O R D E R
1) Against the order of rejection of regular bail by the High Court and to seek bail, the present special leave petition has been filed. The petitioner is in custody w.e.f. 07.08.2023 in connection with FIR No.414/2023 dated 03.08.2023 for the offences punishable under Sections 302, 201, 120B and 365 of the Indian Penal Code, 1860, and Sections 25 and 27 of the Arms Act, 1959, registered with Police Station Amarpatan, District Satna, Madhya Pradesh.
2) After hearing learned counsel for the parties and looking to the fact that the petitioner is in custody since last more than 2½ years and, as informed, 12 out of 28 witnesses are yet to be examined, considering the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, we deem it appropriate to release the petitioner on bail.
3) Accordingly, we direct to release the petitioner on bail on furnishing the suitable bail bonds and sureties and on such other terms and conditions as may be deemed fit by the
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