The appellant got a contract for the supply of radar stations when after eight years it was alleged that there were fraud and cheating and the appellant was booked under sections 406,409,420,465,468,471 and 120-B of the Indian Penal Code 1860 and section 13(1)(d) of Prevention of Corruption Act, 1988. Bail was denied by the session court and the High Court and the appellant has spent more than one year the judicial custody. Albeit the High Court gave him the liberty to file a fresh application before the trial court if the trial could not commence within a period of 6 months. Disputes were also referred to arbitration. This court considered the following factors:

  1. The appellant is 62 years of age and has already spent nearly a year in judicial custody
  2. A period of nine months has passed from the date of filing of the charge sheet, the charges have not been framed and the trial has not commenced;
  3. The dispute started after 8 years and that too with regard to financial matters
  4. The Arbitration Tribunal has not, merely, protected the economic interests of the State, but also permitted the State Police to be there at the project site.
  5. The Tribunal has also allowed the Maritime Board to depute a competent person, familiar with the project in question, to supervise and monitor the functioning of the project.

Held, The appellant is entitled to bail.

(2020) 6 SCC 298- Jinofer Kawasji Bhuwala v. State of Gujarat

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