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Issues: Whether the petitioner was entitled to regular bail in view of prolonged custody, no prosecution witness having been examined after framing of charge, parity with a co-accused already enlarged on bail, and the limited evidentiary value of a co-accused's disclosure statement.
Analysis: The petition was a second bail application under Section 439 of the Code of Criminal Procedure. The Court noted that the petitioner had remained in custody for more than one year and four months, charges had been framed, and no prosecution witness had been examined despite the case involving 21 witnesses. It also noticed that a co-accused had already been granted regular bail and that the petitioner was otherwise on bail in other cases. The Court further proceeded on the basis that the effect of the co-accused's statement was a matter for trial and did not justify continued custody at that stage.
Conclusion: The petitioner was held entitled to regular bail and was ordered to be released on furnishing bail and surety bonds to the satisfaction of the trial court or the concerned magistrate.
Final Conclusion: The proceeding resulted in release of the petitioner on regular bail without any finding on the merits of the prosecution case.
Ratio Decidendi: Regular bail may be granted where custody has become prolonged, trial has not substantially progressed, and the decision turns on considerations of liberty without adjudicating the merits.
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