VidhiSangh

Supreme Court of India · 18/12/2024

SIDDHANT @ SIDHARTH BALU TAKTODE versus THE STATE OF MAHARASHTRA AND ANOTHER

[2024] 12 S.C.R. 837

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Summary

The Supreme Court granted bail to an accused charged under the Maharashtra Control of Organised Crime Act, 1999 who had been in custody for about five years without charges being framed, holding that such prolonged incarceration amounts to punishment without trial despite the Act's twin conditions for bail. It also directed the Bombay High Court and the State to devise a mechanism to ensure production of undertrials before trial courts.

Issues

  1. Whether an accused under the Maharashtra Control of Organised Crime Act, 1999 who has been in custody for about five years without framing of charges is entitled to bail notwithstanding the twin conditions for bail under that Act.
  2. What steps should be taken to prevent trials being prolonged because accused persons are not produced before the trial court.

Provisions considered

Held

Result

Appeal allowed; orders of the Special Court dated 02.02.2024 and of the High Court dated 29.07.2024 set aside; appellant released on bail on a bond of Rs. 50,000 with sureties, with conditions not to enter Akluj Tehsil during trial, to report his residence and to attend every hearing; directions issued for a production mechanism.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 837.