Sunday, 29 July 2018

Whether accused should be released on bail if he is in custody for one year?

As pointed out earlier, one of the grounds for grant of bail to the Appellant Anil Kumar Yadav by the Sessions Court was that he was in custody for more than one year. In crimes like murder, the mere fact that the Accused was in custody for more than one year, may not be a relevant consideration. In Gobarbhai Naranbhai case, it was observed that the period of incarceration by itself would not entitle the Accused to be enlarged on bail. The same was reiterated in Ram Govind Upadhyay v. Sudarshan Singh and Ors. MANU/SC/0203/2002 : (2002) 3 SCC 598.

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 1938 of 2017.

Decided On: 14.11.2017

 Anil Kumar Yadav and Ors. Vs. State (NCT) of Delhi and Ors.

Hon'ble Judges/Coram:
Kurian Joseph and R. Banumathi, JJ.

Citation: (2018) 12 SCC129.
Read full judgment here: click here
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