Bail Granted on Grounds of Long Custody and Health Concerns: Supreme Court

The Supreme Court today allowed the bail application of Shalu, setting aside the High Court’s earlier order that denied her bail in a case involving grave offenses under the IPC and Arms Act.

Brief on Legal Point: The primary legal point addressed in this judgement revolves around the grant of bail in cases involving serious allegations. The Supreme Court’s decision emphasizes the balancing act between the severity of the charges and factors like the duration of custody and the health of the accused.

Facts and Issues: Shalu, the appellant, has been under trial for offenses under Sections 302, 307, 120-B, and 34 of the Indian Penal Code, 1860, and Sections 27, 54, and 59 of the Arms Act, 1959. Her bail application was previously rejected by the High Court. The matter escalated to the Supreme Court, which had to consider whether her prolonged custody and health issues justified the grant of bail.

Court’s Assessment: The Supreme Court, after considering the submissions and perusing the material on record, found merit in the appellant’s argument. It was observed, “Considering the facts on record, in our view, the case for bail is made out.” The Court acknowledged the appellant’s prolonged period in custody – approximately four and a half years – and her ailing health as significant factors influencing its decision.

Judgement: The Court allowed the appeal, directing the trial court to release Shalu on bail, subject to conditions deemed appropriate for ensuring her presence at the trial. The Court also mandated that Shalu should not misuse her liberty and must cooperate fully in the trial proceedings. It was clearly stated that any violation of the bail conditions would result in its cancellation.

 Date of Decision: 20th February 2024

 SHALU VS STATE (NCT OF DELHI)