Supreme Court Grants Bail To Accused After State Admits ‘Inadvertent Error’ In Custody Certificate

It is pertinent to note that through an order dated August 26, 2023 the Apex Court had denied bail to the applicant, considering the same ground, which later turned out to be an error.

“…the factors which weighed with the Court in declining bail would now be subsumed by the affidavit filed on behalf of the State of Uttar Pradesh. The co-accused in a similar situation has already been granted bail. We accordingly direct that the applicant be granted bail, subject to such terms and conditions as may be imposed by the Sessions Court”, observed a bench led by CJI D.Y. Chandrachud. The bench also comprised Justice J.B. Pardiwala and Justice Manoj Misra.

Senior Advocate Ravi Prakash Mehrotra appeared for the applicant, and AAG Garima Prashad appeared for the State of Uttar Pradesh.

During the course of the hearing, Prashad submitted before the Court that upon due verification, it was found that there was an inadvertent error in the custody certificate where the applicant has actually undergone custody of eleven years as on date.

The same was even clarified in the affidavit filed on behalf of the State, which was placed on the record.

In the present matter, the petitioner earlier contended that he has undergone over ten years of actual imprisonment and the fact that two of the co accused have been granted bail by the Apex Court. Therefore, he should be granted bail on the same ground.

However, the counter affidavit filed in the proceedings by the Circle Officer, P S Shikohabad, District Firozabad, Uttar Pradesh contained a specific statement that the custody certificate dated January 28, 2022 indicated that the petitioner has undergone imprisonment, without remission, for seven years and three days.