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2024 (10) TMI 13

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..... s the border, he bribed various officials - HELD THAT:- Bail granted to the appellant not only on the ground of parity but also for the reason that the trial is yet to commence. Admittedly, there are 85 witnesses. The trial has not even started. The appellant has been incarcerated for more than 2 years in the present case. Thus, even if any period of incarceration undergone in a predicate offence .....

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..... MR. JUSTICE M. M. SUNDRESH And HON'BLE MR. JUSTICE ARAVIND KUMAR For the Petitioner : Mr. Mukul Rohatgi, Sr. Adv. Mr. Siddhartha Agarwal, Sr. Adv. Mr. Somesh Chandra Jha, Adv. Mr. Gaurav Kakar, Adv. For M/S. Sharan Associates , AOR For the Respondent : Mr. Suryaprakash V. Raju, A.S.G. Ms. Mrigank Pathak, Adv. Mr. Zoheb Hussain, Adv. Mr. Annam Venkatesh, Adv. Mr. Vivek Gurnani, Adv. Mr. Arvind .....

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..... resent case are put together, for a period of nearly four years. The trial is yet to commence. Considering the above, he should be granted bail. 4. Learned Additional Solicitor General appearing for the respondent vehemently contended that the charge is in the predicate offence and in any case, the period of incarceration undergone cannot be taken as a ground in the present case. It is further sub .....

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..... nting bail. 6. We are convinced that the appellant cannot be solely faulted for the non-commencement of the trial as he has not gained anything. Therefore, without commenting on the entitlement of the appellant to receive the copies of the document relied upon the prosecution, we are of the view that taking into consideration not only the period of incarceration but also the trial getting delayed .....

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