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The Supreme Court reiterated the paramount importance of the right to life and liberty under Article 21 of the Constitution, emphasizing that prolonged incarceration of an accused awaiting trial unjustly deprives them of personal liberty. The grant of bail must be determined based on unique circumstances, balanced against factors like the gravity of the offence, likelihood of interference with the investigation, possibility of evidence tampering, threat to witnesses, societal impact, and risk of absconding. Since the charge sheet has been filed but charges are yet to be framed in the ED Case, the Trial Court is directed to decide on framing charges before the winter vacations or 31.12.2024, whichever is earlier, and thereafter fix a date within the second and third week of January 2025 for recording statements of the most material or vulnerable prosecution witnesses. The petition is disposed of.
The Supreme Court reiterated the paramount importance of the right to life and liberty under Article 21 of the Constitution, emphasizing that prolonged incarceration of an accused awaiting trial unjustly deprives them of personal liberty. The grant of bail must be determined based on unique circumstances, balanced against factors like the gravity of the offence, likelihood of interference with the investigation, possibility of evidence tampering, threat to witnesses, societal impact, and risk of absconding. Since the charge sheet has been filed but charges are yet to be framed in the ED Case, the Trial Court is directed to decide on framing charges before the winter vacations or 31.12.2024, whichever is earlier, and thereafter fix a date within the second and third week of January 2025 for recording statements of the most material or vulnerable prosecution witnesses. The petition is disposed of.
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