A Bench of Justices Dinesh Maheshwari and JK Maheswari of the Supreme Court today granted interim bail to the accused in the 2017 Ryan International School murder case. The Court also noted that his continued detention curtailed his liberties under the law.
"The fact of the matter is liberty of the petitioner has been curtailed in this case, and he is in detention for a period of 1 month less than 5 years. Even while looking at the serious nature of the crime in question. Without making any comment on merits, the requirement of balancing the competing claims and equities cannot be ignored. Petitioner was 16 when he was taken in detention and is 21 now. Although he is at present being housed in a correctional home, his continued detention pre trial may have its own adverse effects," the Court contended.
The interim relief was subject to conditions of remaining under the supervision of the probationary officer. The Court also ordered that the trial be expedited. Senior Advocate Manan Kumar Mishra, appearing for the accused, sought bail arguing that the accused was a juvenile at the time, as per Section 12 of the Juvenile Justice Act.
The Court further held that "It is, however, specifically provided that the petitioner/appellant shall continuously remain under the supervision of the probationer officer or any other person, fit for the purpose, as may be appointed by the learned Sessions Judge in that regard. Further to that, the petitioner-appellant and his parents and everybody connected with him would be expected not to create any hindrance in the proper progression of the trial of the case; and for that matter, not try to contact or communicate with any of the witnesses related with this matter."
Case Details:-
Petition(s) for Special Leave to Appeal (Crl.) No. 8691/2021
MASTER BHOLU (IMAGINARY NAME) Petitioner(s)
VERSUS
CENTRAL BUREAU OF INVESTIGATION & ANR. Respondent(s)
Read the Complete Order on the following link:-
https://main.sci.gov.in/supremecourt/2021/26587/26587_2021_7_31_39076_Order_20-Oct-2022.pdf
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