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Angela Harish Sontakke v. State Of Maharashtra

Angela Harish Sontakke v. State Of Maharashtra

(Supreme Court Of India)

CRIMINAL APPEAL NO.440 OF 2016 [Arising out of Special Leave Petition (Criminal) No.6888/2015] | 04-05-2016

1. Leave granted.

2. We have heard the learned counsels for the parties. Charges have been framed against the accused appellant under Sections 10, 13, 17, 18, 18A, 18B, 20, 21, 38, 39 and 40(2) of the Unlawful Activities (Prevention) Act, 1967, amended 2008 and Sections 387, 419, 465, 467, 468, 471 read with Section 120-B of the Indian Penal Code, 1860. Undoubtedly, the charges are serious but the seriousness of the charges will have to be balanced with certain other facts like the period of custody suffered and the likely period within which the trial can be expected to be completed.

3. The accused appellant has been in custody since April, 2011 i.e. for over five years. The trial is yet to commence inasmuch as the learned State Counsel has submitted that the 9th of May, 2016 is the first date fixed for the trial. There are over 200 witnesses proposed to be examined. The accused appellant is a lady. She has also been acquitted of similar charges leveled against her in other cases. Taking into account all the aforesaid facts we are of the view that the accused appellant should be admitted to bail. We accordingly direct that the accused appellant Angela Harish Sontakke be released on bail by the learned trial Court in connection with Sessions Case No.655 of 2011 arising out of CR No.19/11, PS, ATS Kalachowki, Mumbai. 

We also make it clear that the learned trial Court will consider and impose appropriate conditions subject to which the accused appellant will be released on bail in terms of the present order so as to ensure that the accused appellant is available for trial. In this regard, the learned Public Prosecutor would be at liberty to address the learned trial Court so far as the conditions subject to which the accused appellant will be allowed to go on bail in terms of the present order.

4. Consequently and in the light of the above, we allow this appeal and set aside the order of the High court.

Advocate List
  • For Petitioner(s) SLP(CRL) NO.6888/15 Ms. Kamini Jaiswal, Adv. Mr. Gautam Bhatia, Adv. Ms. Shumaila Altaf, Adv. SLP(CRL) 7949/15 & Ms. Rebecca Mamen John, Sr. Adv. SLP(CRL) 7947/15 Mr. Jawahar Raja, Adv. Mr. Harsh Bohra, Adv. Ms. Sahana Maniesh, Adv. Mr. Pukhrambam Ramesh Kumar, Adv. Mr. Sumit Kumar Vats, Adv.

  • For Respondent(s) Mr. Nishant Ramakantrao Katneshwarkar,Adv. Mr. Arpit Rai, Adv. Ms. Deepa K., Adv.

Bench
  • HON'BLE MR. JUSTICE RANJAN GOGOI
  • HON'BLE MR. JUSTICE PRAFULLA C. PANT
Eq Citations
  • (2021) 3 SCC 723
  • 2 (2016) CCR 374
  • LQ/SC/2016/635
Head Note

Criminal Law — Bail — Accused lady appellant in custody since April, 2011 i.e. for over five years — Trial yet to commence — Over 200 witnesses proposed to be examined — Accused appellant acquitted of similar charges leveled against her in other cases — Held, accused appellant entitled to bail — Directions issued — Unlawful Activities (Prevention) Act, 1967, Ss. 10, 13, 17, 18, 18A, 18B, 20, 21, 38, 39 and 40(2) — Indian Penal Code, 1860, Ss. 387, 419, 465, 467, 468, 471 read with S. 120-B.