Criminal Procedure Code, 1973
Section 439—Bail—Dismissal of application by High Court—Appeal—Appellant has been booked for the crime registered pursuant to FIR registered for offence punishable under Sections 394, 397, 120B and 506(B) read with Section 34 of IPC and Sections 4 and 25 of the Arms Act and Sections 3(1)(ii), 3(2), 3(4) of the MCOC Act—Accusation against appellant is that he is a member of an organized crime syndicate and in pursuance of the common object of the said syndicate, committed the offence of dacoity and therefore, the provision of the MCOC Act are made applicable—Submission that co-accused has been granted bail and further the charges have not yet been framed and appellant is in jail for the last about twenty months—Further submission that as many as sixty five witnesses have been listed for being examined and therefore, the trial would inevitably be delayed—Considering the facts on record, the case for bail is made out—Appellant ordered to be released on bail subject to terms and conditions that may be imposed by the trial court as it deems fit for the purpose—Appeal allowed.
[Paras 9 & 11]