May 2, 2019:
Supreme Court has held that bail should not be refused on the ground that police has an apprehension that accused may intimidate and win over witnesses and influence them.
A three judges bench of Chief Justice Gogoi, Justice Gupta and Justice Khanna has passed the order in case titled Zahur Haider Zaidi vs Central Bureau of Investigation on 05.04.2019.
Supreme Court observed “Though the accused-appellant is facing charge under Section 302, we are told that the trial has not made substantial progress beyond the framing of the charge. Completion of trial will take some time. The only apprehension expressed on behalf of the Central Bureau of Investigation is that the appellant being a highly placed police officer may intimidate and win over witnesses and influence them”. (emphasis supplied).
Then Supreme Court opined “We are of the view that the bail ought not to be denied on the aforesaid ground and in the event of any such conduct, the prosecution can always approach the competent court for cancellation of bail”. (emphasis supplied).
It then held “We are of the view that the bail ought not to be denied on the aforesaid ground and in the event of any such conduct, the prosecution can always approach the competent court for cancellation of bail. Taking into account the allegations, the period of custody suffered and likely time that may be taken for completion of trial, we are of the view that the accused appellant should be released on bail in connection with FIR No.RC SI 2017 S0009 CBI/SC-I/New Delhi, on satisfaction of the appropriate condition(s) as may be imposed by the learned trial court”.
Read the order here:
Picture Source :
