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N. V. RAMANA, KRISHNA MURARI, HIMA KOHLI
Abdul Majeed Lone – Appellant
Versus
Union Territory Of Jammu And Kashmir – Respondent
| Table of Content |
|---|
| 1. exemptions granted for filing documents. (Para 1 , 2) |
| 2. consideration of incarceration duration for bail. (Para 3) |
| 3. petitioner released on bail with conditions. (Para 4 , 5) |
ORDER :
1. Applications seeking exemption from filing certified copy of the impugned order as also for seeking exemption from filing official translation of the Annexure are allowed.
2. Heard learned counsel appearing for the petitioner, learned counsel appearing for the Union Territory of Jammu & Kashmir and perused the material available on record, including the counter affidavit filed by the UT.
3. Having regard to the fact that the petitioner is reported to be in jail since 132020 and has suffered incarceration for over 2 years and 5 months and there being no likelihood of completion of trial in the near future, which fact cannot be controverted by the learned counsel appearing for the UT, we are inclined to enlarge the petitioner on bail.
4. The petitioner is, therefore, directed to be released on bail, subject to such terms & conditions which the concerned Trial Court shall deem fit and find appropriate to impose upon him.
5. The Special Leave Petition is disposed of on the above terms.
Points Of Law : Sections 357 and 357-A of the Criminal Procedure Code would apply only at the stage of conviction and not at the stage of grant of bail so far as payment of compensation to the victim....
The Court may grant suspension of sentence in cases where a reversal of judgment is under review.
The court has the discretion to grant liberty to renew a bail application after charges are framed, even if the Special Leave Petition is dismissed.
Bail granted due to prolonged incarceration without witness examination, emphasizing cooperation in ongoing trial.
The right to timely trial is fundamental, and prolonged pre-trial detention may necessitate bail to uphold judicial fairness.
Bail conditions must not be excessively onerous, as this equates to a refusal of bail, violating the principles of justice, especially for foreign nationals under Article 21.
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