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The Hon’ble bench of the Supreme Court of India, comprising Justice DY Chandrachud and Justice Hemant Gupta, held that the accused could not be held in custody for a period of nine monthson the ground of possible sentence of imprisonment. Rameshwar Yadav was arrested on July 16th 2018 for possessing country-made rifle along with two cartridges and charged for the offences under Section 25(1-b) a/26 of the Arms Act.
The High Court had ordered the accused be released on bail only after being the custody for a period of nine months, subject to the execution of bail bond of Rs.20,000 with two sureties for the satisfaction of the trial court where the case was pending.
Although the standing counsel for the State of Bihar made a request to the Apex Court for holding the accused in custody for a period of nine months on the ground of sentencing of possible imprisonment, the apex court denied his request.
Since the High Court did not provide any satisfactory reasoning for the impugned order, the apex court directed the accused be released on bail in accordance with the terms and conditions given by the High Court, except for the direction concerning the period of holding him in custody.
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