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Judgment
This is an application under Section 15(6)(e) read with Section 389 (3) of the Code of Criminal Procedure for releasing the applicant on bail.
According to the applicant, he was arrested and had been in Military custody since 18.12.2017 and was sent to Civil Prison, Hyderabad on 14.03.2020.
It was stated that on the aforesaid ground, till date, the applicant has been in custody for a period of more than two years and nine months.
However, learned counsel for the respondents stated that while in military custody, the applicant had been granted leave and other facilities and
according to him, the pre-trial period of custody of trial has been only 243 days and the applicant has been in civil prison since 14.03.2020. Considering
the fact that the applicant has been sentenced to undergo only three years imprisonment, hearing of his statutory appeal by the Chief of Army Staff is
still pending and after decision in appeal even if he challenges the action in a regular appeal under Section 15 hearing and its disposal would take
substantial amount of time and during the period of COVID, Courts have been liberal in enlarging people on bail particularly when the sentence of
imprisonment is less than five or three years. Taking note of all these factors and the fact that as on the date the applicant has undergone a substantial
period of his sentence, this is a fit case where the applicant can be released on bail.
Accordingly, we direct that the applicant shall be released on bail on furnishing a bail bond for a sum of Rs.10,000/-(Rupees ten thousand only) with
one surety for the like amount to the satisfaction of the Superintendent, Central Prison, Hyderabad on the following conditions:
(i) That the applicant shall not approach anyone who had testified against him;
(ii) That he shall not commit any further offence;
(iii) That he shall surrender his passport, if any, to the Superintendent, Central Prison, Hyderabad;
As this OA (A) is only for grant of bail, the same stands disposed of.
The order be communicated to the Superintendent, Central Prison, Hyderabad by way of Speed Post/Private Courier service and also via electronic
media.
Dasti to both the parties.