Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bail - Grant of - Case of Anti-Terrorist Squad (ATS) that appellant-Serving Army Officer associated with Military Intelligence and Interior Terrorism (Insurgency Activities) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Bail - Grant of - Case of Anti-Terrorist Squad (ATS) that appellant-Serving Army Officer associated with Military Intelligence And Interior Terrorism (Insurgency Activities), along with other co- accused entered into a criminal conspiracy and caused bomb blast at Malegaon by using explosive substances, to create communal rift - Charge sheet filed under the provisions of Penal Code, Army Act, 1967 and 1999 Act, by ATS - Thereafter, investigation taken over by National Investigation Agency (NIA) - Arrest ofappellant - Bail application -Appellant and others discharged from the offences under MCOC Act and direction to transfer the case to the regular court - Bail application later restored and thereafter,rejected by the Special Judge - Appeal before the High Court -During pendency thereof, NIA submitted supplementary charge sheet dropping charges under MCOCA against all accused - In view thereof. High Court permitted appellant to file fresh bail .application - Rejection of bail application by the courts below -On appeal, held: Balance is to be maintained between the personal liberty of the accused and the investigational rights of the agency -It must result in minimum interference with the personal liberty of the accused and the right of the agency to investigate the case - Keeping in view of the fact that supplementary charge-sheet submitted by NIA was at variance with the charge-sheet filed by threATS, that the trial is likely to take a long time; and that the appellant has been in prison for about 8 years and 8 months, a prima facie case made out by the appellant - Thus, the appellant enlarged on bail on the conditions stated - Order of the High Court set aside - ·Penal Code, 1860 - ss. 302, 307, 326, 324, 427, 153A read with Section 120B - Arms Act - ss. 3, 5 and 25 - Unlawful Activities(Prevention) Act, 1967 (Amended) 2004 - ss. 15, 16, 17, 18, 20 and 23 - Maharashtra Control of Organized Crime Act, 1999 - ss. 3(1)(i),3(1)(ii), 3(2), 3(3), 3(5) - Explosive Substances Act - ss.3, 4, 5 & 6.Bail - Grant or refusal of bail - Factors to be considered by the court - Held: Court mo exercise its discretion in a judicious manner and not as a matter of course - Though at the stage of granting bail, detailed examination of 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 - Among other circumstances, court to consider, nature of accusation and severity of punishment in case of conviction and nature of supporting evidence; reasonable apprehension of tampering with the witness or apprehension of threat to complainant:and prima facie satisfaction of the court in support of the charge. |
Judge | Hon'ble Mr. Justice R.K. Agrawal |
Neutral Citation | 2017 INSC 784 |
Petitioner | Lt. Col. Prasad Shrikant Purohit |
Respondent | State Of Maharashtra |
SCR | [2017] 8 S.C.R. 253 |
Judgement Date | 2017-08-21 |
Case Number | 1448 |
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