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MAHAMMAD @ MOHAMMED v. THE STATE OF KARNATAKA

Supreme Court of India | Diary 45377/2024

Status

Order

Decided On

2024-12-20

Bench

HON'BLE MR. JUSTICE MANMOHAN, HON'BLE MR. JUSTICE M.M. SUNDRESH

Petitioner

MAHAMMAD @ MOHAMMED

Respondent

THE STATE OF KARNATAKA

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Full Judgment Text

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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 5584 OF 2024 (@ SLP(CRL.) No.15312 of 2024)

MAHAMMAD @ MOHAMMED APPELLANT(S)

VERSUS

THE STATE OF KARNATAKA RESPONDENT(S)

O R D E R

1. Leave granted.

2. The appellant has been charged and convicted for the

offences punishable under Sections 120(B), 109, 341, 307

and 506 read with Section 149 of the Indian Penal Code,

1860 and Sections 25(1)(a), 25(1b) and 27(1)(a) of the

Arms Act, 1959.

3. We are inclined to set aside the impugned order by taking

into consideration the fact that the investigation is

over and chargesheet is filed, coupled with the period of

incarceration undergone. We also take note of the fact

that the charges are yet to be framed and, therefore, the

trial may take considerable time.

4. Accordingly, the impugned order stands set aside and the

appellant is granted bail, subject to the terms and

conditions that may be imposed by the Trial Court as it

deems fit for the aforesaid purpose.

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5. The appeal is allowed accordingly.

6. Pending application(s), if any, shall stand disposed of.

……………………………………………………J. [M.M. SUNDRESH]

……………………………………………………J. [MANMOHAN]

NEW DELHI; 20th DECEMBER, 2024

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ITEM NO.1 COURT NO.11 ...

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