2017 ALL SCR (Cri) 318
SUPREME COURT
RANJAN GOGOI AND L. NAGESWARA RAO, JJ.
Sagar Tatyaram Gorkhe & Anr. Vs. The State of Maharashtra
Criminal Appeal No.11 of 2017,Criminal Appeal No. 12 of 2017
3rd January, 2017.
Petitioner Counsel: Ms. REBECCA JOHN, Sr. Adv., Mr. JAWAHAR RAJA, Mr. GAUTAM BHATIA, Mr. CHIRMAY KUMAR, Mr. UDAY MANAKTALA, Mr. PUKHRAMBAM RAMESH KUMAR
Respondent Counsel: Mr. NISHANT RAMAKANTRAO KATNESHWARKAR
Criminal P.C. (1973), S.439 - Bail - Grant of - Serious charges against accused - Accused in custody for 4 yrs. - Prosecution proposes to examine 147 witnesses - However, only one witness has been examined till date and that too not over - Charges have to be balanced with period of custody suffered and likely period within which trial can be expected to be completed - Hence, bail granted subject to certain conditions to ensure presence of accused in trial. (Paras 4, 5)
JUDGMENT
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.