A two-judge Bench of Justice Ajay Rastogi and Justice Abhay S. Oka has granted bail to an under-trial accused, in jail for 8 years and 4 months.
The Petitioner is accused of committing offences under Sections 302, 307, 420, 471, 201, 148, 149, 506, 427 of the IPC and Sections 25, 27, 54, 59 of the Arms Act. The Punjab and Haryana High Court had refused bail to the Petitioner by stating that the trial is nearing its culmination.
The Supreme Court, while granting bail, specifically took note of the fact that the accused was in jail for 8 years.
Senior Advocate Mr. Akshay Bhan appearing for the Petitioner contended before the Supreme Court that the period of incarceration of the Petitioner was more than 8 years and four months and the trial would take its own time.
It was further argued by the Counsels appearing for the Petitioner that all the Prosecution Witnesses had already been examined. Hence, it was prayed that the Petitioner deserved indulgence of the grant of post-arrest bail pending trial.
While Ms. Jaspreet Gogia Advocate on Record appearing on behalf of the State of Punjab-Respondent strongly opposed the Petitioner's request for the grant of post-arrest bail.
However, the Apex Court deemed it appropriate to grant indulgence of post-arrest bail pending trial.
Accordingly, the Court ordered for the grant of bail and further directed that the Petitioner be produced before the Trial Court within three days and released on post-arrest bail. With these directions, the Bench disposed of the Special Leave Petition.