(Ranjan Gogoi and L. Nageswara Rao, JJ.)
Criminal Appeal No. 11 of 2017
[Arising out of Special Leave Petition (Criminal) No. 7947/2015]
Sagar Tatyaram Gorkhe and Another ______________ Appellant(s);
v.
State of Maharashtra ___________________________ Respondent.
With
Criminal Appeal No. 12 of 2017
[Arising out of Special Leave Petition (Criminal) No. 7949/2015]
Sachin Maruti Mali @ Samar @ Shiva ________________ Appellant;
v.
State of Maharashtra ______________________________ Respondent.
Criminal Appeal No. 11 of 2017 [Arising out of Special Leave Petition (Criminal) No. 7947/2015] and Criminal Appeal No. 12 of 2017 [Arising out of Special Leave Petition (Criminal) No. 7949/2015], decided on January 3, 2017
The Order of the court was delivered by
Order
1. Leave granted. We have heard the learned counsels for the parties.
2. The present applications/appeals for bail is on behalf of the accused Nos. 8, 10 and 11. Out of a total of 15 accused, 4 accused are absconding and of the remaining 11 accused, 8 have been released on bail by different forums including one accused by this Court by its order dated 4-5-20161.
3. The charges against the accused are, undoubtedly, serious. However, as observed in the earlier order of this Court dated 4-5-20161 such charges will have to be balanced with certain other facts like the period of custody suffered and the likely period within which the trial can be expected to be completed. In our previous order dated 12-7-20162 passed in the present matter the statement made on behalf of the State that the trial would be completed within a period of six months has been recorded. We are informed today that till date only one witness has been examined and that too his examination is also not over. The prosecution proposes to examine 147 witnesses. The accused appellants have been in custody close to four years.
4. In the above circumstances, we are of the view that the accused appellants should be granted the privilege of bail. We accordingly direct that the accused appellants be released on bail by the learned trial Court in connection with Sessions Case No. 655 of 2011 arising out of CR No. 19/11, PS, ATS Kalachowki, Mumbai. We also make it clear that the learned trial Court will consider and impose appropriate conditions subject to which the accused appellants will be released on bail in terms of the present order so as to ensure that the accused appellants are available for trial. In this regard, the Public Prosecutor of the State would be at liberty to appear before the learned trial Court and suggest to the learned trial Court such conditions as may be considered fit and appropriate to be imposed subject to which the accused appellants will be allowed to go on bail in terms of the present order.
5. Consequently and in the light of the above, we allow the present appeals and set aside the order3(s) of the High Court.
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1 Angela Harish Sontakke v. State of Maharashtra, SLP (Cri) No. 6888 of 2015, Order dated 4-5-2016 (SC)
2 Sagar Tatyaram Gorkhe v. State of Maharashtra, SLP(Cri) No. 7947 of 2015, order dated 12-7-2016 (SC)
3 Sagar Tatyaram Gorkhe v. State of Maharashtra, Criminal Bail Application No. 1657 of 2014, order dated 10-4-2015 (Bom)
