Apex Court allowed the Bail as the accused has already undergone custody of 25 months when the maximum sentence is for 5 years.

[Rachit Agarwal]

Apex Court allowed the Bail as the accused has already undergone custody of 25 months when the maximum sentence is for 5 years.

2022 (2) TMI 351 - Supreme Court in  Paresh Nathalal Chauhan Versus The State Of Gujarat & Anr.

Petitioner Pleadings

This Court has specifically observed that without condoning the conduct of the officers notice was issued because by the judgment in question the statutory protection has been waived without hearing the officers concerned.

Appellant is that he has been in custody for 25 months out of a total period of 5 years for which he can be sentenced.

The investigation is still stated to be pending though complaint has been filed.

Respondents Pleadings

Appellant is a habitual offender who has earlier also been engaged in violation of the law as per earlier provisions.

A number of accused are absconding and only on their being in taken into custody would the root of the problem be detected where the evasion of duty is to the extent of 64 crores.

Hon’ble Court Observations and Judgement

Appellant cannot be indefinitely detained in custody more so having already undergone a period of 25 months of custody when he can be sent behind bars for maximum five years. It is almost 50% of the sentence.

We are inclined to grant bail to the appellant on terms and conditions to the satisfaction of the Trial Court