Case Note & Summary
The case involved an appeal against the rejection of a second bail application by the High Court of Judicature at Allahabad. The appellant, Virender Kumar Yadav, was in custody since 14th September, 2007, facing trial for serious offences under Sections 420, 467, 468, 471, and 120-B of the Indian Penal Code, as well as under the Prevention of Corruption Act. The charge sheet was filed on 19th April, 2007, but there had been no progress in the trial since then. The appellant's counsel argued for bail, highlighting the lack of trial progress and noting that a co-accused had been granted bail earlier. The C.B.I. opposed the bail, citing the seriousness of the charges involving significant embezzlement. The Supreme Court, considering the prolonged custody without trial, decided to grant bail to the appellant, setting aside the High Court's order and directing that the appellant be admitted to bail upon furnishing a personal bond and sureties. The judgment was delivered on 15th May, 2009.
Headnote
A) Criminal Law - Bail - Delay in Trial - Grant of Bail - Code of Criminal Procedure, 1973, Section 439 - The appellant, facing serious charges, had been in custody since 14th September, 2007, with no progress in the trial after the charge sheet was filed on 19th April, 2007. The court found it appropriate to grant bail due to the prolonged detention without trial, setting aside the High Court's order. Held that the appellant was entitled to bail under the circumstances (Paras Not mentioned).
Issue of Consideration
Whether the appellant is entitled to bail considering the delay in trial and circumstances of the case.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and directed that the appellant be admitted to bail upon furnishing a personal bond of Rs.50,000 with two sureties.
Law Points
- Bail
- Criminal Procedure
- Prevention of Corruption Act
- Indian Penal Code
