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2019 Supreme(SC) 2354

RANJAN GOGOI, DEEPAK GUPTA, SANJIV KHANNA
Zahur Haider Zaidi – Appellant
Versus
Central Bureau of Investigation – Respondent


ORDER :

1. Leave granted.

2. We would presently consider whether the accused-appellant Zahur Haider Zaidi is entitled to be released on bail. The issue of transfer of case would be considered on a subsequent date after hearing all the accused.

3. Our attention has been drawn to the allegations against the accused-appellant and that he is in custody for the last 19 months. Though the accused-appellant is facing charge under Section 302, we are told that the trial has not made substantial progress beyond the framing of the charge. Completion of trial will take some time.

4. The only apprehension expressed on behalf of the Central Bureau of Investigation is that the appellant being a highly placed police officer may intimidate and win over witnesses and influence them.

5. We are of the view that the bail ought not to be denied on the aforesaid ground and in the event of any such conduct, the prosecution can always approach the competent court for cancellation of bail.

6. Taking into account the allegations, the period of custody suffered and likely time that may be taken for completion of trial, we are of the view that the accused-appellant should be released on bail in connection with FIR

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