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SUPREME COURT OF INDIA
RANJAN GOGOI, L. NAGESWARA RAO, JJ.
Sagar Tatyaram Gorkhe and another - Petitioners
Versus
State of Maharashtra - Respondent
Criminal Appeal Nos. 11-12 of 2017
Decided on : 03-01-2017
Bail - Criminal Law - The court granted bail to accused appellants based on the balance of serious charges, period of custody suffered, and the likely period for trial completion.
Fact of the Case:
The accused appellants sought bail in connection with a criminal case. The charges against them were serious, and the trial was expected to involve the examination of 147 witnesses. The accused had been in custody for close to four years.
Finding of the Court:
The court found that considering the period of custody suffered and the likely duration for trial completion, the accused appellants should be granted bail.
Issues: The main issue was whether the accused appellants should be granted bail despite the serious charges against them and the extensive trial process ahead.
Ratio Decidendi: The court balanced the seriousness of the charges with the period of custody suffered and the likely duration for trial completion in granting bail to the accused appellants.
Final Decision: The court allowed the appeals and directed the trial court to release the accused appellants on bail, with appropriate conditions to ensure their availability for trial.
JUDGMENT :
Leave granted.
2. We have heard the learned counsels for the parties.
3. The present applications/appeals for bail is on behalf of the accused Nos.8, 10 and 11. Out of a total of 15 accused, 4 accused are absconding and of the remaining 11 accused, 8 have been released on bail by different forums including one accused by this Court by its order dated 4th May, 2016.
4. The charges against the accused are, undoubtedly, serious. However, as observed in the earlier order of this Court dated 4th May, 2016 such charges will have to be balanced with certain other facts like the period of custody suffered and the likely period within which the trial can be expected to be completed. In our previous order dated 12th July, 2016 passed in the present matter the statement made on behalf of the State that the trial would be completed within a period of six months has been recorded. We are informed today that till date only one witness has been examined and that too his examination is also not over. The prosecution proposes to examine 147 witnesses. The accused appellants have been in custody close to four years.
5. In the above circumstances, we are of the view that the accused appellants should be granted the privilege of bail. We accordingly direct that the accused appellants be released on bail by the learned trial Court in connection with Sessions Case No. 655 of 2011 arising out of CR No. 19/11, PS, ATS Kalachowki, Mumbai. We also make it clear that the learned trial Court will consider and impose appropriate conditions subject to which the accused appellants will be released on bail in terms of the present order so as to ensure that the accused appellants are available for trial. In this regard, the Public Prosecutor of the State would be at liberty to appear before the learned trial Court and suggest to the learned trial Court such conditions as may be considered fit and appropriate to be imposed subject to which the accused appellants will be allowed to go on bail in terms of the present order.
6. Consequently and in the light of the above, we allow the present appeals and set aside the order(s) of the High Court.
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