Bail Pending Trial on strict conditions granted after prolonged custody and lack of trial progress.

Prolonged custody and the absence of effective trial progress supported release from jail pending trial on strict conditions. The order required terms to be fixed by the trial court, compliance with conditions analogous to section 438(2) of the Code of Criminal Procedure, 1973, disclosure of a contact number, surrender of the passport, and no departure from India without permission. The prosecution was given liberty to seek recall if any condition was breached, and the impugned judgment was set aside.

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Issues: Whether the appellant was entitled to release from jail pending trial in view of the length of incarceration and the fact that the trial had not effectively commenced.

Analysis: The appeal was considered against the background of prolonged custody and the absence of progress in the trial. The release was directed on terms and conditions to be fixed by the trial court, with additional compliance required with the conditions analogous to section 438(2) of the Code of Criminal Procedure, 1973. The order also required the appellant to provide a contact number, surrender his passport, and refrain from leaving India without permission, while preserving the prosecution's right to seek recall if any condition was breached.

Conclusion: The appellant was entitled to release on conditions, and the impugned judgment was set aside.

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