• Shantanu Dubey

Supreme Court has ruled out that an accused cannot be kept in custody for a long duration due to “Po

The Supreme Court granted bail to a man who was in custody since last July noticing that ‘Possible Sentence of Imprisonment’ is not actually a ground for deferment of bail after a long time in custody.

Rameshwar Yadav was arrested on 16th July 2018, after the recovery of the country made rifle along with two live cartridges in his possession. FIR has been lodged on 16.07.2018 at Dumrao, Buxar police station under sections 25(1b)(a) and 26 of the Arms Act, 1959.

The accused moved to the high court for disposing-off the bail. Patna High Court while deciding the plea directed him to be released on bail after completion of nine months of custody on furnishing a bail bond of Rs.20, 000 with two sureties of the like amount to the satisfaction of the trial court where the case was pending. The appellant then after moved to the Supreme Court against the decision of the High Court. The main issue, in this case, was whether the ‘possible sentence of imprisonment’ can be a ground for deferment of bail.

The argument made by learned standing counsel for the state of Bihar was that the appellant may be directed to remain in custody for a period of nine-month having regard to the sentence of possible imprisonment. The two-judge bench of the honourable supreme court rejected the reasoning of standing counsel and held that respected High Court has furnished no reason for issuing a direction for deferment of bail by a period of nine months. “Such a direction was unsustainable.” the bench comprising Justice DY Chandrachud and Justice Hemant Gupta said.

Observing that ‘Possible Sentence Of Imprisonment’ is not a ground for deferment of bail the Supreme Court ordered that the appellant to be released on bail on the terms and conditions determined by the respected high court in its impugned order dated 20th September 2018, although the direction that the release shall be after the completion of nine months of custody, is set aside.

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