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2017 (1) TMI 1770 - SC - Indian LawsSeeking grant of Bail - out of a total of 15 accused, 4 accused are absconding and of the remaining 11 accused, 8 have been released on bail by different forums including one accused by this Court - HELD THAT - The charges against the accused are, undoubtedly, serious. However, as observed in the earlier order of this Court dated 4th May, 2016 such charges will have to be balanced with certain other facts like the period of custody suffered and the likely period within which the trial can be expected to be completed. Till date only one witness has been examined and that too his examination is also not over. The prosecution proposes to examine 147 witnesses. The accused appellants have been in custody close to four years. The accused appellants should be granted the privilege of bail - the accused appellants are directed to be released on bail by the learned trial Court - appeal allowed.
Issues:
Grant of bail to accused appellants in a criminal case involving serious charges after prolonged custody. Analysis: The Supreme Court granted bail to accused Nos. 8, 10, and 11 out of a total of 15 accused in a criminal case. Notably, 4 accused were absconding, and 8 had already been released on bail by different forums. The Court acknowledged the seriousness of the charges but emphasized the need to balance them with factors such as the duration of custody and the expected trial timeline. The State had previously assured the trial's completion within six months, but as of the hearing, only one witness had been examined out of the proposed 147. The accused had been in custody for nearly four years, prompting the Court to grant them bail in connection with the specific case. The Court directed the trial Court to impose suitable conditions for the accused appellants' release to ensure their availability for trial, allowing the Public Prosecutor to suggest appropriate conditions. Consequently, the Court allowed the appeals and overturned the High Court's orders, granting bail to the accused appellants in light of the circumstances and considerations discussed.
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