The Supreme Court has granted regular bail to a man accused of murder, observing that he had remained in custody for more than three years while the trial had made little progress. The Court noted that although charges had now been framed, the examination of witnesses was yet to begin and the trial was likely to take considerable time to conclude.
A Bench of Justice M.M. Sundresh and Justice Prasanna B. Varalewas hearing an appeal filed by appellant, who is facing prosecution in connection with FIR registered at Ghoti Police Station, Nashik, for offences punishable under Sections 302 and 34 of the Indian Penal Code. The appeal challenged the Bombay High Court’s refusal to grant him bail.
During the hearing, counsel for the appellant submitted that charges had not yet been framed. The State, however, informed the Court that charges had since been framed. Taking note of the development, the Bench observed that despite the framing of charges, the trial had not effectively commenced, as the examination of witnesses was yet to begin.
The Court also considered the fact that the appellant had already undergone incarceration for more than three years and that the co-accused had been granted bail. Observing that the trial was likely to take time to conclude, the Bench held that the appellant had made out a case for grant of regular bail.
Accordingly, the Supreme Court set aside the Bombay High Court’s order denying bail and directed that the appellant be released on bail on such terms and conditions as may be imposed by the concerned Trial Court. The appeal was allowed and all pending applications were disposed of.
