Supreme Court Grants Bail To An Accused On Ground Of Co Accused Being On Bail & Likelihood Of Trial Not Being Completed

Taking into consideration that the co accused who was on bail and there was no likelihood of the trial being completed soon, the Supreme Court recently granted bail to an accused who had been in custody since 2020.

The bench of Justices LN Rao and BR Gavai granted bail in SLP assailing Punjab and Haryana High Court's order dated September 20,2021 wherein it had dismissed the accused(s) third bail application.

"We are of the considered view that the petitioner is entitled to be released on bail as charges have been framed and there is no likelihood of the trial being completed soon. Also, there is no dispute that the other accused have been released on bail. The apprehension of the prosecution about the petitioner fleeing from justice or making himself scarce during the course of trial, can be taken care of by imposing conditions," the bench said in its order.

The petitioner was involved in a case registered under Sections 406,419, 420, 467, 468, and 471 IPC. He had surrendered in Court on August 26, 2020 and has been in jail since then. The charge sheet was filed on October 6, 2020.

Appearing for the petitioner, counsel had submitted that the co-accused have been released on bail and Achal Oberoi was granted anticipatory bail. It was also counsel's contention that charges have been framed and the completion of the trial at an early date was not possible.

Objecting to the bail application, Dr Monika Gusain for the State had submitted that petitioner was the master mind and had cheated innocent people. It was also her contention that he was absconding for some time and that was a likelihood of the petitioner absconding and tampering with evidence if he was released on bail.

The bench while granting bail also directed the petitioner to deposit his passport and report to the Rani Bagh Police Station, Delhi in the 1st week of every month.

Liberty was also granted to the State to file an application for cancellation of bail on petitioner attempting to influence witness.

Case Title: Ashwani Oberoi v State of Haryana| Special Leave to Appeal (Crl.) No(s). 8695/2021

Coram: Justices LN Rao and BR Gavai 

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