VidhiSangh

Supreme Court of India · 05/04/2024

SHOMA KANTI SEN versus THE STATE OF MAHARASHTRA & ANR.

[2024] 4 S.C.R. 270 · 2024 INSC 269

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Summary

The Court granted Shoma Kanti Sen bail after finding no reasonable ground to treat the Chapter IV/VI UAPA accusations as prima facie true on the materials presented. A surface assessment of probative value was necessary without conducting a trial. Her age, health, almost six years’ detention and unframed charges also weighed in favour of release. Fresh remand was unnecessary merely because NIA had filed another chargesheet. Bail was conditional, and all findings on the allegations remained preliminary.

Issues

  1. Whether the appellate court could consider the supplementary chargesheet without remand.
  2. Whether the available material met the Section 43D(5) prima facie threshold.
  3. How prolonged detention, age and health affected bail.
  4. What conditions and limits accompanied release.

Provisions considered

Held

Result

Appeal allowed; High Court judgment set aside and conditional bail directed. Prosecution merits expressly left open; breach-based cancellation may be sought before the Special Court. Medical and pending applications disposed of.

Judgment PDF: Supreme Court of India, [2024] 4 S.C.R. 270.