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Sanghian Pandian Rajkumar v. Central Bureau of Investigation and Another

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 698 of 2014)Decided 28 Mar 2014
Criminal Appeal No. 698 of 2014
Chief Justice P. Sathasivam · Justice Ranjan Gogoi · Justice N.V. Ramana

Background

Police officers Sanghian Pandian Rajkumar and Balkrishan Rajendraprasad Chaubey sought bail in the prosecution concerning the alleged killings of Sohrabuddin, Kausarbi and Tulsiram Prajapati. They had spent nearly seven years in custody while the case was transferred and records awaited translation. The CBI opposed release because of the seriousness of the allegations and the risk of influencing witnesses.

Decision Breakdown

The Court considered the lengthy detention, bail already granted to several co-accused and the inability to conclude the large trial within a reasonable time. It granted both appellants bail on bonds with two solvent sureties each of ₹1 lakh. Conditions required residence in Mumbai, reporting to the Special Judge on alternate working days, attendance at hearings, surrender of passports and no inducement or threats to witnesses. The Court also fixed deadlines for transfer and translation of records and directed efforts to complete the trial promptly. The CBI could seek recall or modification for breach, and the order did not determine guilt.

Lesson Learnt

Even grave criminal allegations require an individual bail assessment that accounts for prolonged detention and realistic trial delays. Release pending trial may come with strict residence, reporting and witness-protection conditions and can be reconsidered if those conditions are broken.

Official source (sci.gov.in)View Judgment (PDF)

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