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Judgment
7 paragraphs · 229 wordsLeave granted.
We have heard learned counsels for the parties including the counsel appearing for the complainant.
The accused appellant is facing trial for alleged commission of an offences under Section 302, 147, 148, 149, 452, 307, 436, 323, 332, 353, 427, 114 of Indian Penal Code. There are a number of other accused who, however, have not chosen to move this Court for bail, as yet.
The accused-appellant is in custody for nearly four years now. The trial i.e. Sessions Case No.819 of 2013 has been stayed by this Court by order dated 29.04.2016 passed in Special Leave Petition (Crl.) Nos.3278-3279 of 2016. The commencement and conclusion of the trial therefore has become uncertain.
Taking into account the totality of the facts of the case and the period of custody suffered by the accused-appellant and the fact that the trial has been stayed, we are of the view that the accused-appellant should be released on bail. Accordingly, we direct that the accused-appellant be released on bail in connection with F.I.R. No.184 of 2012, P.S. Manesar to the satisfaction of the learned Additional Sessions Judge, Gurgaon.
The learned trial Court is free to impose all such conditions as it may deem fit after hearing the learned public prosecutor.
The order of the High Court is set aside and the appeal is allowed.