IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No.5474/2024 [Arising out of SLP (Crl.) No. 14167/2024]
FAIZAL APPELLANT
VERSUS
STATE OF UTTARAKHAND RESPONDENT
O R D E R
1. Leave granted.
2. The High Court by the impugned judgment and order dated 19th
September, 2024 has rejected the appellant’s prayer for bail.
3. The appellant figures as an accused in FIR No.441 dated 26th October,
2021 registered at Police Station Nehru Colony, District Dehradun,
Uttarakhand under Sections 35,323, 285 & 304 of the Indian Penal Code,
1860. In connection with investigation of the FIR, the appellant was taken
into custody on 21st February, 2022.
4. We have heard Mr. Ajit Sharma, learned counsel appearing for the
appellant as well as Mr. Sudarshan Singh Rawat, learned counsel
appearing for the respondent-State of Uttarakhand.
5. Although the trial is in progress, the same is proceeding at a slow
pace. We are informed that evidence of only 7 out of 43 witnesses
proposed to be examined by the prosecution have been recorded so far.
The cause of death of the victim is also not clear, as it appears from the
post mortem report.
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6. Having regard to the aforesaid factors as well as long incarceration of
the appellant coupled with the fact that trial will take some time to
conclude, we are of the considered view that the appellant need not be
detained in custody any longer and t...