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B. R. GAVAI, K. V. VISWANATHAN
Siddhant @ Sidharth Balu Taktode – Appellant
Versus
State of Maharashtra – Respondent
Headnote: Read headnote
JUDGMENT
B.R. GAVAI, J.
1. Leave granted.
2. The present appeal challenges the order passed by the learned Single Judge of the High Court of Judicature at Bombay in Criminal Appeal No.298 of 2024, vide which the appeal filed by the appellant herein challenging the order passed by the Additional Special Judge (M.C.O.C. Act), Pune (hereinafter referred to as ‘Special Judge’), rejecting the application for bail filed by the appellant.
3. Shri Anand Dilip Landge, learned counsel appearing for the appellant submits that the learned Single Judge of the High Court as well as the learned Special Judge have grossly erred in rejecting the application filed by the appellant. It is submitted that relying solely on one criminal antecedent, the provisions of Maharashtra Control of Organised Crime Act, 1999 (for short, ‘the said Act’) have been invoked against the appellant herein. Relying on certain photographs, the learned counsel for the appellant submits that the appellant was not present at the place of the incident, inasmuch as he was 26 kms., away from the p
Prolonged incarceration without trial violates the right to a speedy trial under Articles 19 and 21 of the Constitution.
[The right to a speedy trial is fundamental under Article 21 of the Constitution, and prolonged detention without trial can warrant the granting of bail, especially when the prosecution has not estab....
The right to a speedy trial must be balanced against the gravity of the offence and potential risks to public safety, even in cases of prolonged judicial custody.
Prolonged detention without trial must be balanced against stringent bail conditions, recognizing the fundamental right to a speedy trial.
Grant of bail on ground of undue delay in trial, cannot be said to be fettered by Section 37 of NDPS Act, given imperative of Section 436A of Cr.P.C., which is applicable to offences under NDPS Act t....
The advanced stage of the trial and the likelihood of its conclusion soon outweighed the long period of incarceration, leading to the rejection of the bail application.
Prolonged incarceration without trial constitutes a violation of the right to life and liberty under Article 21 of the Constitution, and bail should not be withheld as a punitive measure.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged incarceration without trial can justify the grant of bail, even for serious offenses.
Prolonged custody without trial can violate the right to speedy trial, justifying bail under UAPA despite serious allegations.
Prolonged custody and delayed trial violate the constitutional right to a speedy trial, allowing for a second bail application under the NDPS Act.
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