IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S).5121 OF 2024 (ARISING OUT OF S.L.P. (CRIMINAL) NO(S).14765/2024)
MD. IFTAKHAR @ IFTAKHAR APPELLANT(S)
VERSUS
THE STATE OF BIHAR & ANR. RESPONDENT(S)
O R D E R
Application seeking impleadment as second respondent is
allowed.
Leave granted.
Heard the learned counsel appearing for the parties.
A charge-sheet has been filed. The offences alleged against
the appellant are under Sections 307, 323, 325, 341, 379 and 504
read with Section 34 of the Indian Penal Code, 1860. The High
Court while rejecting the bail application has granted liberty to
the appellant to move a fresh bail application after six months.
In the facts of the case, we find that after a charge-sheet is
filed, there is no reason to continue the custody of the appellant.
The learned counsel appearing for the second respondent
expresses an apprehension that the appellant will abscond, if
enlarged on bail. However, while granting bail, appropriate
conditions can be imposed on the appellant to ensure that he does
not abscond.
Accordingly, we direct that the appellant shall be produced
before the Sessions Court within a maximum period of one week from
today. The Sessions Court shall enlarge the appellant on bail on
appropriate terms and conditions till the disposal of the trial.