Archana Jalinder Nikam v. the State of Maharashtra
Case brief
What is this about?
Undertrial bail granted on delay/speedy-trial grounds alone (merits not pressed): applicant in custody since 28.06.2017, charge framed 26.09.2019, trial not commenced, 21 witnesses listed; S.439 CrPC bail in Sessions Case No.765 of 2017 (C.R. No.361/2017, Pimpri Police Station, Pune) for Ss.302, 34 IPC, S.4(25) Arms Act, Ss.37(1), 135 Bombay Police Act; PR bond Rs.25,000/- with standard bail conditions. Relevant for arguments on prolonged incarceration of undertrials and indefinite pre-trial detention.
What did the court decide?
Bail Application No.5161 of 2024 allowed: Applicant directed to be released on bail in connection with C. R. No.361 of 2017 on furnishing PR bond of Rs.25,000/- or one or two sureties in the like amount, to the satisfaction of Additional Sessions Judge, Pune, subject to conditions: (b) attend Sessions Case hearings unless exempted; (c) not interfere with/threaten witnesses or tamper with evidence; (d) not leave Maharashtra without prior permission of the Trial Court; (e) furnish residential address and contact details to the Investigating Officer within three days of release. Application thereafter disposed off.