Bail pending trial granted where prolonged custody and likely trial delay justified release subject to conditions.

Bail pending trial was justified where the accused had remained in custody for about twenty months, charges had not yet been framed, a co-accused had already obtained bail, and the prosecution itself indicated that examination of a large number of witnesses would prolong the trial. On those facts, the Court treated the likely delay in trial as a material circumstance supporting release on bail, subject to conditions fixed by the trial court and cancellation for breach of those conditions.

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Issues: Whether the appellant was entitled to bail pending trial on the facts and circumstances of the case.

Analysis: The appellant had been in custody for about twenty months, the charges had not yet been framed, a co-accused had been granted bail, and the prosecution indicated that a large number of witnesses were to be examined, indicating that the trial was likely to take considerable time. On these facts, the circumstances justified grant of bail.

Conclusion: The appeal was allowed and the appellant was directed to be released on bail on such conditions as the trial court deemed appropriate, with liberty to cancel bail on breach of conditions.

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