2015 (10) TMI 2799 - SC - Indian Laws

Grant of Bail - appellant contended that the Appellant was not named in the FIR and hence this fact should have been taken note of while considering his bail application - HELD THAT - Taking note of the fact that firstly, the investigation in the case is complete; secondly, the charge sheet is filed; thirdly, the Appellant is in custody for the last six months and lastly, looking to the old age of the Appellant who is also ailing, the impugned order is set aside and bail granted to the Appellant. Appeal allowed.

Summary

Issues involved:
Grant of bail based on absence of appellant's name in FIR, completion of investigation, filing of charge sheet, appellant's age and health condition, and lack of family support.

Analysis:
The appellant, along with others, faced trial for various offenses under the Indian Penal Code and the Prevention of Corruption Act. The appellant, an architect, was arrested in May 2015 and remained in jail since then. After his bail application was rejected by the Special Judge, Prevention of Corruption, CBI, Ghaziabad, he approached the High Court at Allahabad. The High Court also denied bail, leading to the current appeal before the Supreme Court.

The appellant's counsel raised four main arguments in support of the appeal. Firstly, he argued that the appellant was not named in the FIR, which should have been considered while deciding on bail. Secondly, he highlighted that the investigation was complete, and a charge sheet had been filed against all accused, including the appellant. Thirdly, he emphasized the appellant's old age of around 71 years and his health issues. Lastly, he pointed out that the appellant had been in custody for six months, lacked family support, cooperated in the investigation, and had no prior criminal record.

In opposition, the respondents contended that the charges against the appellant were serious. After hearing both sides, the Supreme Court considered the completion of the investigation, filing of the charge sheet, the appellant's six-month custody, and his old age and health condition. Taking these factors into account, the Court decided to overturn the High Court's order and granted bail to the appellant during the trial. The appeal was allowed, and the appellant was directed to be released on bail under the trial judge's satisfaction.