2022 (1) TMI 1299 - SC - Indian Laws

Seeking grant of interim bail - Look Out Circulars(LOCs), Non-balable warrants of arrest and Proclamations under Section 82 of the Code of Criminal Procedure have been issued against the family members of the petitioner - HELD THAT - This Court on 16.02.2021 directed the State counsel to file an affidavit of the Superintendent of Police of the concerned area explaining the efforts made so far to arrest the absconding accused-family members of the petitioner - In compliance of the said direction, the respondent state has filed an affidavit indicating therein that Look Out Circulars(LOCs), Non-balable warrants of arrest and Proclamations under Section 82 of the Code of Criminal Procedure have been issued against the family members of the petitioner. All these facts and the subsequent developments and more particularly the fact that the petitioner has already suffered incarceration for a period of seven and a half years and has not breached any of the conditions imposed by the High Court, it is deemed appropriate to make the interim bail granted to the petitioner by the High Court vide order dated 28.09.2020 absolute subject to the conditions to be imposed by the trial court - If the petitioner violates any of the conditions imposed by the trial Court, the respondent State would be at liberty to move an application for cancellation of bail. SLP disposed off.

Summary

Issues:
1. Granting of interim bail with terms and conditions.
2. Duration and progress of trial proceedings.
3. Efforts to arrest absconding accused family members.
4. Filing of petition for quashing FIR by family members.
5. Consideration of petitioner's past incarceration and compliance with bail conditions.
6. Direction to expedite trial proceedings.

Analysis:
1. The Supreme Court addressed the issue of interim bail granted to the petitioner by the High Court with certain terms and conditions. The High Court had initially granted interim bail, and subsequent orders by the Supreme Court extended the interim bail until further orders. Finally, considering the petitioner's compliance with conditions and past incarceration, the Court made the interim bail absolute, subject to conditions to be imposed by the trial court. The respondent was given the liberty to move for bail cancellation if the petitioner violates any conditions.

2. Regarding the progress of trial proceedings, the Court noted the status of the trial where 25 out of 178 witnesses had been examined, and it was estimated to take one and a half years for trial completion. The Court directed the trial court to expedite the trial proceedings, considering the time already spent by the petitioner in incarceration and the need for a swift resolution.

3. The Court discussed efforts to arrest the absconding accused family members of the petitioner. The State had issued Look Out Circulars, non-bailable warrants, and Proclamations under the Code of Criminal Procedure against the family members. The Court considered these efforts in the context of the petitioner's case and the need for all involved parties to adhere to legal processes.

4. The Court acknowledged that family members of the petitioner had filed a petition for quashing the FIR before the High Court. It was noted that while some family members took legal recourse, others, like the father, had not surrendered or taken any legal steps. This information was considered in the overall assessment of the case.

5. In light of the petitioner's history of seven and a half years of incarceration and the absence of any breaches of conditions imposed by the High Court, the Supreme Court decided to make the interim bail absolute. This decision was based on a comprehensive evaluation of the petitioner's circumstances and the legal proceedings involved in the case.

6. Finally, the Court directed the trial court to expedite the trial proceedings, emphasizing the need for a timely resolution. The special leave petition was disposed of accordingly, along with any pending interlocutory applications related to the case. The Court's direction aimed to ensure a swift and efficient conclusion to the legal proceedings in the matter.