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2015 (2) TMI 1397 - SC - Indian LawsSeeking grant of bail - arranging undeserving candidates to get admission to the M.B.B.S. - Main contention advanced on behalf of the Appellant is that the Appellant has already been in custody for about one year and there is no prospect of commencement of trial in the near future - HELD THAT:- It is well settled that at pre-conviction stage, there is presumption of innocence. The object of keeping a person in custody is to ensure his availability to face the trial and to receive the sentence that may be passed. The detention is not supposed to be punitive or preventive. Seriousness of the allegation or the availability of material in support thereof are not the only considerations for declining bail. Delay in commencement and conclusion of trial is a factor to be taken into account and the accused cannot be kept in custody for indefinite period if trial is not likely to be concluded within reasonable time. Undoubtedly, the offence alleged against the Appellant has serious adverse impact on the fabric of the society. The offence is of high magnitude indicating illegal admission to large number of undeserving candidates to the medical courses by corrupt means. Apart from showing depravity of character and generation of black money, the offence has the potential of undermining the trust of the people in the integrity of medical profession itself. If undeserving candidates are admitted to medical courses by corrupt means, not only the society will be deprived of the best brains treating the patients, the patients will be faced with undeserving and corrupt persons treating them in whom they will find it difficult to repose faith. In these circumstances, when the allegations are supported by material on record and there is a potential of trial being adversely influenced by grant of bail, seriously jeopardising the interest of justice, there are no ground to interfere with the view taken by the trial Court and the High Court in declining bail. It is certainly a matter of serious concern that the Appellant has been in custody for about one year and there is no prospect of immediate trial. When a person is kept in custody to facilitate a fair trial and in the interest of the society, it is duty of the prosecution and the Court to take all possible steps to expedite the trial. Speedy trial is a right of the accused and is also in the interest of justice - the prosecution and the trial Court must ensure speedy trial so that right of the accused is protected. This Court has already directed that the investigation be finally completed and final charge sheet filed on or before March 15, 2015. It is directed that if the trial is not completed within one year from today for reasons not attributable to the Appellant, the Appellant will be entitled to apply for bail afresh to the High Court which may be considered in the light of the situation which may be then prevailing. Appeal disposed off.
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