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Synopsis

The Supreme Court recently allowed a criminal SLP challenging order rejecting bail to an undertrial prisoner charged under Ss. 143, 323, 341 and 302 of the Penal Code, 1860.

A Division Bench of Justice Hrishikesh Roy and Justice Pankaj Mithal, while allowing a petition under Art. 136, said, “Considering the circumstances and more particularly the fact that the appellant was not represented by his counsel on 17.03.2023, we deem it appropriate to remand the matter so that the High Court can hear the appellant’s counsel and then pass appropriate orders.”

Counsel for the appellant, Advocate Namit Saxena submitted that the appellant was not adequately represented on the day his bail application was listed before the High Court as the lawyers were on strike and it was only on the basis of the submissions made by the Public Prosecutor and a formal statement by the brother of the accused, that the bail application of the appellant was rejected. It was further contended that since the trial has not commenced yet, and is likely to take some time, the application for bail may be considered and the impugned order be set aside.

“No strict proof has been presented by the prosecution till date which could establish the guilt of the petitioner or show his involvement in the offence for which is right to bail is constantly being denied to him”, the plea stated.

Notably, the appellant had been under incarceration since 31.01.2022, that is, for almost 15 months.

Case Title: Bhagwan Das v. State of Rajasthan | SLP(Crl.) No. 5312 of 2023