Kuldeep Sugandh v. State of NCT of Delhi and Anr.
Case brief
What is this about?
Cancellation of bail; recall of bail order; Section 482 Cr.P.C.; no change in circumstances; long custody as material change; speedy trial vs fairness; Triple Test for bail; flight risk; tampering with evidence; influencing witnesses; pendency of other cases not a ground; gravity of offence; completed investigation; chargesheet and supplementary chargesheet; FSL report; custodial interrogation; non-arrest of co-accused; FIR No. 83/2023 PS Mayapuri; cheating, forgery, property-exchange fraud; Green Park and Lajwanti Garden properties; MCOCA invocation complaint; Union of India v. K.A. Najeeb; ASJ Tis Hazari; High Court of Delhi; CRL.M.C. 2985/2024; CRL.M.C. 4687/2024; Neena Bansal Krishna, J.; pronounced 12.01.2026.
What did the court decide?
The applicants having been in custody for about ten months, with the trial at the very same stage as when the earlier bail application was rejected, their long custody constituted a material change in the circumstances entitling them to bail; the cause of delay may not be so material since a speedy trial cannot be at the cost of fairness and justice.