40158 2019 32_1501_25867_judgement_01-feb-2021

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REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 98 of 2021
[Arising out of Sp...

FACTS
3. The prosecution case in brief is that one Professor TJ Joseph
while framing the Malayalam question paper for the ...

several dozen persons including the present respondent were
arraigned by the police. It was alleged that the...

sheltered, and medically assisted them afterwards. The Courts were,
therefore, of the view that the bar against grant of b...

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suspect is prima facie believed to be guilty. It was further contended
that in numerous prior rounds before the Special Co...

of India2
and Hussain v. Union of India,3
it was argued that such
protracted incarceration violates the respondent’s rig...

in matters of bail, save for exceptional circumstances. The aforecited
decision holds as follows:
“14. We may observe at ...

the High Court are apparently traceable back to Article 21 of our
Constitution, of course without addressing the...

State (NCT of Delhi)7
, Babba alias Shankar Raghuman Rohida v.
State of Maharashtra8
and Umarmia alias Mamumia v. State o...

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witnesses still unexamined.
15. The facts of the instant case are more egregious than these two
abovecited instances. No...

owing to the practicalities of real life where to secure an effective trial
and to ameliorate the risk to society in case ...

the Constitution. Indeed, both the restrictions under a Statue as well
as the powers exercisable under Constitutional Juri...

protected.
20. Yet another reason which persuades us to enlarge the
Respondent on bail is that ...

found to have violated any of his bail conditions or attempted to have
tampered the evidence, influence witnesses, or hamp...

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