New Delhi: Taking note of prolonged incarceration and the slow progress of the trial, the Supreme Court has granted bail to an accused in an attempt-to-murder case who has been in custody for nearly five years, while the prosecution has examined only five witnesses so far.
A Bench of Justices J.B. Pardiwala and K.V. Viswanathan passed the order while hearing a Special Leave Petition (SLP) filed by Tota Pahelwan alias Sunil Yadav against an Allahabad High Court order denying him regular bail.
In its order, the apex court recorded that the petitioner has been in judicial custody as an undertrial prisoner for almost five years.
“We take into consideration the fact that the petitioner is in judicial custody as an undertrial prisoner since almost 5 years. Till this date the prosecution has been able to examine 5 witnesses,” the Justice Pardiwala-led Bench observed.
It further noted the petitioner’s advocate Alakh Alok Srivastava’s submission that the prosecution intended to examine a total of 22 witnesses, indicating that the trial is likely to take considerable time to conclude.
Considering the facts and circumstances, the Supreme Court said that it was inclined to exercise discretion in favour of the accused despite the serious nature of the allegations.
“This being a case of attempt to commit murder punishable under Section 307 of the IPC, we are persuaded to exercise our discretion in favour of the petitioner, more particularly, when a similarly situated co-accused, namely, Rambhool, is on bail,” the order said.
The top court directed that the petitioner be released on bail forthwith, subject to such terms and conditions as may be imposed by the trial court, provided he is not required in any other case.
At the same time, the Justice Pardiwala-led Bench stressed that the trial should proceed without delay.
“Despite the fact that we have ordered release of the petitioner on bail, trial shall proceed further expeditiously,” it said.
The case pertains to an FIR registered in 2021 at Sikandrabad Police Station in Uttar Pradesh’s Bulandshahr district for offences punishable under Sections 323 and 307 of the IPC. Following completion of investigation, a chargesheet was filed and the matter is presently pending before the court of the 2nd Additional District and Sessions Judge, Bulandshahr.
(IANS)
