ANGELA HARISH SONTAKKE Vs. STATE OF MAHARASHTRA
SUPREME COURT OF INDIA
Angela Harish Sontakke
STATE OF MAHARASHTRA
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(1.) Leave granted.
(2.) We have heard the learned counsels for the parties. Charges have been framed
against the accused appellant under
Sections 10, 13, 17, 18, 18A, 18B, 20, 21,
38, 39 and 40(2) of the Unlawful Activities (Prevention) Act, 1967, amended 2008 and
Sections 387, 419, 465, 467, 468, 471 read
with Section 120 -B of the Indian Penal
Code, 1860. Undoubtedly, the charges are
serious but the seriousness of the charges
will have to be balanced with certain other
facts like the period of custody suffered
and the likely period within which the
trial can be expected to be completed.
(3.) The accused appellant has been in custody since April, 2011 i.e. for over
five years. The trial is yet to commence
inasmuch as the learned State Counsel has
submitted that the 9th of May, 2016 is the
first date fixed for the trial. There are
over 200 witnesses proposed to be examined.
The accused appellant is a lady. She has
also been acquitted of similar charges
leveled against her in other cases. Taking
into account all the aforesaid facts we are
of the view that the accused appellant
should be admitted to bail. We accordingly
direct that the accused appellant Angela
Harish Sontakke be released on bail by the
learned trial Court in connection with
Sessions Case No.655 of 2011 arising out of
CR No.19/11, PS, ATS Kalachowki, Mumbai.
We also make it clear that the learned
trial Court will consider and impose
appropriate conditions subject to which the
accused appellant will be released on bail
in terms of the present order so as to
ensure that the accused appellant is
available for trial. In this regard, the
learned Public Prosecutor would be at
liberty to address the learned trial Court
so far as the conditions subject to which
the accused appellant will be allowed to go
on bail in terms of the present order.;
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