Public Prosecutor’s Statement Cannot Be Said To Be Strictly Correct; Bail Granted: SC

Yesterday, in the Supreme Court a bench of Hon’ble Mr. Justice Rohinton Fali Nariman, Hon’ble Mr. Justice Navin Sinha, Hon’ble Mr. Justice K.M. Joseph granted bail to an accused under Section 43D(5) of the Unlawful Activities (Prevention) Act, 1967.

The Court observed that a public prosecutor’s statement cannot be said to be strictly correct.

In this case the accused was charged under Section 43D(5) of the Unlawful Activities (Prevention) Act, 1967.

The Accused moved an application for bail before the High Court. The High Court observed that a prima facie case has been made out against the petitioner based on the public prosecutor’s statement.

On this score the Bail Application was rejected by the High Court.

The Accused move to the Supreme Court in Special Leave to Apepal.

Hon’ble Supreme Court perused Section 43D(5) of the Unlawful Activities (Prevention) Act, 1967, the FIR, where the petitioner was not named, and, the relevant extracts of the charge-sheet dated 17.09.2014 insofar as it relates to the petitioner.

After hearing the parties and going through the record, the Court observed that a public prosecutor’s statement cannot be said to be strictly correct, therefore bail cannot be denied on that ground alone.

In view of above the Supreme Court set aside the judgment of the High Court and enlarge the petitioner on bail, subject to the usual conditions to be imposed by the trial court

Case Details

Title: AADIL ANSARI vs THE STATE OF RAJASTHAN

Case No. SLP (Crl.) No. 9385/2019

Date of Order: 30.09.2020

Quorum: Hon’ble Mr. Justice Rohinton Fali Nariman, Hon’ble Mr. Justice Navin Sinha, Hon’ble Mr. Justice K.M. Joseph

For Petitioner(s) Mr. Mohd. Irshad Hanif, AOR, Mr. Rizwan Ahmad Durrani, Adv., Mr. Mujahid Ahmad, Adv.

For Respondent(s) Mr. Rahul Kumar, Adv., Ms. Pragati Neekhra, AOR

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