TaxTMI 
TaxTMI 
2006 (11) TMI 690
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....fence to submit the list of its wi5tnesses and make efforts to conclude the trial expeditiously, preferably within six months. If the trial cannot conclude within the aforesaid period of six months from today, the petitioner would be at liberty to renew his pray for bail. With this observation, this application for bail is dismissed at this stage." The appellant is an accused in a case under Sections 302/34/120B IPC read with Section 27 of the Arms Act. The appellant's bail application had been rejected earlier on several occasions by the High Court as well as by this Court. The last order of this Court dated 3.10.2005 states as under: "Having heard the learned senior counsel appearing for the petitioner, we are of the opinion that the application for bail may not be entertained at this stage. The special leave petition is dismissed. However, we would request the learned Sessions Judge to expedite the trial. If the trial is not completed within a period of six months from today, it would be open to the petitioner to renew the bail application. Learned Sessions Judge may consider the desirability of directing the CBI to examine the important witnesses at an early date and p....
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.... the Court to tell a person: "We have admitted your appeal because we think you have a prima facie case, but unfortunately we have no time to hear your appeal for quite a few years and, therefore, until we hear your appeal, you must remain in jail, even though you may be innocent?" What confidence would such administration of justice inspire in the mind of the public? It may quite conceivably happen, and it has in fact happened in a few cases in this Court, that a person may serve out his full term of imprisonment before his appeal is taken up for hearing. Would a judge not be overwhelmed with a feeling of contrition while acquitting such a person after hearing the appeal? Would it not be an affront to his sense of justice? Of what avail would the acquittal to be such a person who had already served out his term of imprisonment or at any rate a major part of it? It is, therefore, absolutely essential that the practice which this Court has been following in the past must be reconsidered and so long as this Court is not in a position to hear the appeal of an accused within a reasonable period of time, the Court should ordinarily, unless there are cogent grounds for acting otherwise, ....
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....evidence and elaborate documentation of the merit of the case need not be undertaken, there is a need to indicate in such orders reasons for prima facie concluding why bail was being granted particularly where the accused is charged of having committed a serious offence. Any order devoid of such reasons would suffer from non-application of mind. It is also necessary for the court granting bail to consider among other circumstances, the following factors also before granting bail; they are: (a) The nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence. (b) Reasonable apprehension of tampering with the witness or apprehension of threat to the complainant. (c) Prima facie satisfaction of the court in support of the charge. (See Ram Govind Upadhyay v. Sudarshan Singh 2002(3) SCC 598 and Puran v. Rambilas 2001 (6) SCC 338). This Court also in specific terms held that (SCC pp.536- 37, para 14): "The condition laid down under Section 437 (1)(i) is sine qua non for granting bail even under Section 439 of the Code. In the impugned order it is noticed that the High Court has given the period of incarceration already undergone....
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....s alleged that he was hosting a party for his co-prisoners in the jail late in the night of that day. While the authorities in the reports submitted pursuant to the directions issued by this Court did not admit that a party was given by the accused on 26-9-2004 they did admit that between 9.30 p.m. to 10.00 p.m. on that night the respondent did unauthorizedly visit the jail contrary to all restrictions on the entry to the jail under the Jail Manual. A complaint in regard to this unauthorized entry of the respondent to the prohibited areas of the jail premises is registered and based on the direction issued by the High Court of Patna, an investigation is going on in this regard and some of the jail authorities have been transferred. On 1-10-2004 this Court while entertaining the appeal of the complaint against the grant of bail by the High Court directed the respondent to surrender to custody forthwith. Consequent to which he was taken back to custody. It has also come on record that while in judicial custody the respondent was using cell phone which was seized from him and he was closely interacting with hardcore criminals who were undergoing jail sentence or are undertrial priso....
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....ecord also shows that the jail authorities at Beur are not in a position to control the illegal activities of this respondent for whatever reasons they may be." The above observations clearly imply that the appellant's conduct has been such that he does not deserve bail. Learned counsel for the appellant further relied on the decision of this Court in Ranjitsing Brahmajeetsing Sharma vs. State of Maharashtra & anr. 2005 (5) SCC 294. In paragraph 35 of the said decision it was observed as under: "Presumption of innocence is a human right.(See Narendra Singh vs. State of M.P.,[(2004(10) SCC 699 para 31]. Article 21 in view of its expansive meaning not only protects life and liberty but also envisages a fair procedure. Liberty of a person should not ordinarily be interfered with unless there exists cogent grounds therefore. Sub-section (4) of Section 21 must be interpreted keeping in view the aforementioned salutary principles. Giving an opportunity to the Public Prosecutor to oppose an application for release of an accused appears to be reasonable restriction but clause (b) of sub-section (4) of Section 21 must be given a proper meaning." Learned counsel for the appellant ha....