2024 (11) TMI 1583 - SCH - Indian Laws

Enlargement on bail pending investigation permitted with stringent conditions requiring cooperation, regular attendance; bail cancellable for obstruction.

Enlargement on bail pending investigation was granted by the SC subject to stringent conditions: the accused must cooperate with investigation and ... Enlargement on bail pending investigation - Conditions of bail including cooperation and regular attendance - Cancellation of bail for obstructing or delaying trial - Trial Court supervision - Assurance of completion of investigation by the State - HELD THAT:- This is a case where the appellant deserves to be enlarged on bail. Considering the nature of the allegations, appropriate stringent conditions can be imposed on the appellant including a condition of regularly and punctually attending the Trial Court and cooperating with Trial Court for completion of trial at all stages. If the trial is delayed on account of the appellant, it will be always open for the respondent to apply for cancellation of bail. Accordingly, we allow the appeal and direct that the appellant shall be enlarged on bail by producing him before the Trial Court on 15th January, 2025. The Trial Court shall enlarge the appellant on bail on appropriate stringent terms including the conditions mentioned above. The learned Public Prosecution shall be heard on the conditions of bail. Issues: Whether the appellant should be enlarged on bail pending trial where investigation is to be completed within six weeks, there are allegations under Sections 420, 467, 471, 120B IPC and Sections 7 and 12 of the Prevention of Corruption Act, 1988, and there is no material of tampering with witnesses or adverse antecedents as of today.Analysis: The facts establish that three charge-sheets have been filed, approximately 415 prosecution witnesses have been cited, and the State has given an assurance to complete the investigation against the appellant within six weeks. There is presently no material indicating attempts by the appellant to tamper with prosecution witnesses and no recorded antecedents. Given the nature of the offences and the assurance regarding completion of investigation, considerations relevant to bail include the stage of investigation, risk of tampering with witnesses, and necessity of imposing conditions to secure attendance and cooperation of the accused.Analysis: Appropriate stringent conditions can address concerns arising from the seriousness of allegations; such conditions may include regular and punctual attendance before the trial court and cooperation for completion of trial. Provision for cancellation of bail remains available if the appellant causes delay or threatens the course of justice.Conclusion: Appeal allowed and the appellant is to be enlarged on bail on production before the Trial Court on 15 January 2025, subject to stringent conditions including regular attendance and cooperation; cancellation of bail may be sought if the appellant delays the trial or tampers with witnesses. Ratio Decidendi: Where investigation is nearing completion, there is no material of tampering or adverse antecedents, and adequate conditions can be imposed to secure the trial process, bail pending trial may be granted subject to stringent conditions and liberty to move for cancellation if the accused obstructs the trial.