Attempt-to-murder case: SC grants bail to undertrial after 5 years

The Supreme Court has granted bail to Tota Pahelwan, an undertrial in an attempt-to-murder case from UP, after he spent nearly five years in jail. The court noted significant trial delays, with only 5 of 22 prosecution witnesses examined so far.

The Supreme Court has intervened in a protracted attempt-to-murder case, granting bail to an undertrial prisoner who had spent nearly five years behind bars while the trial faced significant delays.

Case Background

A Bench of Justices JB Pardiwala and KV Viswanathan passed the order in a Special Leave Petition filed by Tota Pahelwan alias Sunil Yadav, challenging the Allahabad High Court's refusal to grant him regular bail.

The petitioner was accused in connection with a case registered at Sikandrabad Police Station in Bulandshahr district of Uttar Pradesh for offences punishable under Sections 323 and 307 of the Indian Penal Code.

Rationale for Bail

While granting relief, the Supreme Court took note of the fact that the petitioner had been in judicial custody as an undertrial prisoner for nearly five years.

The Court further recorded that despite the long incarceration, the prosecution had examined only five witnesses to date.

The State informed the Bench that the prosecution intended to examine a total of 22 witnesses during the trial.

The Bench observed that, considering the nature of the case and the fact that a similarly situated co-accused, Rambhool, had already been enlarged on bail, the Court was persuaded to exercise its discretion in favour of the petitioner.

Court's Order

Accordingly, the Court directed that the petitioner be released on bail forthwith, subject to terms and conditions to be imposed by the Trial Court.

At the same time, the Bench clarified that the trial should continue expeditiously despite the grant of bail.

Legal Representation

Advocate Dr Alakh Alok Srivastava, along with Advocate Arpit Dangi, appeared for the petitioner.

Senior Advocate Rajdipa Behura appeared for the State along with Advocate-on-Record Dr. Vijendra Singh and other counsel. (ANI)

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