Case Note & Summary
The case involved an appeal concerning the grant of bail to the appellants, Bishwanath Sao and another, who were in custody for about 10 months. The Supreme Court of India, upon hearing the arguments from both sides, took into account the significant duration of the appellants' imprisonment. The court decided to grant bail, allowing the appellants to be released on furnishing bail bonds of Rs. 10,000 each, along with two sureties of the same amount, subject to the satisfaction of the Trial Court. The appeal was thus allowed with this direction, emphasizing the importance of the right to liberty in the context of prolonged detention.
Headnote
A) Criminal Law - Bail - Grant of Bail - Code of Criminal Procedure, 1973, Section 439 - The court considered the duration of the appellants' incarceration and directed their release on bail. The appellants had been in jail for approximately 10 months, which warranted the court's decision to allow bail upon certain conditions. Held that the appellants were entitled to be released on bail (Paras Not mentioned).
Issue of Consideration
Whether the appellants should be granted bail considering their period of incarceration.
Final Decision
The Supreme Court allowed the appeal and directed the release of the appellants on bail upon furnishing bail bonds of Rs. 10,000 each with two sureties for the like amount, to the satisfaction of the Trial Court.
Law Points
- Bail
- Criminal Procedure
- Right to Liberty
