MP HC | ‘Early conclusion of trial a bleak possibility and prolonged pre-trial detention an anathema to the concept of liberty’; bail granted to externed accused

Madhya Pradesh High Court: Vivek Rusia, J. dealt with a bail application where the petitioner sought bail for the offence under Section 14 of the State Security Act and thereby granted the said bail to the externed petitioner.

The first bail application was filed under Section 439 CrPC by the petitioner who was externed by the District Magistrate under the State Security Act. The petitioner was found within the prohibited area of Dewas and was subsequently arrested. The learned counsel for the petitioner, Hitesh Sharma submitted that the offences had been tried by the court and the petitioner was ready to abide by the conditions.

The counsel for the State, Akshat Pahadia, submitted that there were several cases against the petitioner and therefore he was externed for a period of one year.

The Court observed that an investigation was over and the offences attracted the penalty of three years. It was further observed by the Court the fact that early conclusion of the trial was a bleak possibility and prolonged pre-trial detention being an anathema to the concept of liberty and the material placed on record did not disclose the possibility of the petitioner fleeing from justice, the Court was though inclined to extend benefit of bail to the petitioner but with certain stringent conditions in view of nature of offence. Hence, the bail was granted.[Jakir v. State of M.P., 2019 SCC OnLine MP 1286, decided on 26-06-2019]

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