Summary
Bail was granted to a 62-year-old accused in a financial prosecution concerning a vessel-traffic project after nearly a year in custody and nine months after the charge-sheet, with trial still uncommenced. Arbitral interim measures protected the Board’s financial interests and provided police presence and operational supervision, undermining the asserted national-security objection. The prosecution depended mainly on documents. Release was left subject to Sessions Court conditions, including passport surrender.
Issues
- Whether continued custody was justified after filing of the charge-sheet and delay in commencing trial.
- Whether the asserted security and witness-influence concerns required refusal of bail.
Held
- The six-month period contemplated by the High Court for trial commencement had expired. The accused, aged 62, had spent nearly a year in judicial custody, and charges remained unframed nine months after the charge-sheet. (¶¶ 19, 20)
- The national-security objection was unsustainable in the circumstances: the project had operated since 2010, disputes arose in 2018 over finances, and arbitral interim protections preserved operations with police presence and Board supervision as well as financial safeguards. (¶¶ 14, 15, 21)
- The prosecution rested mainly on documents. Alleged witness-tampering concerns did not justify refusing bail on this record, and remedies remained available if the released accused engaged in improper activities. (¶¶ 22, 23)
Result
Appeal allowed; appellant directed to be released on bail on terms fixed by the Sessions Court, including passport surrender subject to the trial court’s orders from time to time.