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HRISHIKESH ROY, PANKAJ MITHAL
Ejike Jonas Orji – Appellant
Versus
Narcotics Control Bureau – Respondent
| Table of Content |
|---|
| 1. bail conditions impact of foreign citizenship (Para 3 , 4 , 5 , 6 , 7) |
| 2. liberty of accused in prolonged trials (Para 8) |
| 3. constitutional rights and speedy trial (Para 9) |
| 4. injustice of prolonged custody and bail conditions (Para 10) |
| 5. ruling for bail without all conditions (Para 11) |
ORDER :
Leave granted.
2. Heard Mr. Adarsh Priyadarshi, learned counsel appearing for the appellant. The respondent is represented by Mr. K. M. Nataraj, learned ASG of India.
3. It is submitted by the learned counsel for the appellant that the bail condition imposed by the High Court in its Order dated 13.6.2022 is causing serious prejudice to the accused as the appellant is a Nigerian citizen and the High Commission of Nigeria is unlikely to grant him the certificate of assurance to the effect that the accused shall not leave the country till the trial is concluded and shall appear before the Special Court, on each and every day, unless exempted by the Special Court. It is provided specifically in the impugned order that the accused shall not be released on bail without such a certificate of assurance from the High Commission of Nigeria.
4. Mr. Adarsh Priyadarshi, learned counsel for the
(1) Grant of bail – Bail conditions cannot be fanciful, arbitrary or freakish – While imposing bail conditions, Constitutional rights of accused who is ordered to be released on bail, can be curtaile....
The right to a speedy trial is a fundamental right under Article 21, and prolonged detention without trial violates this right.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, ensuring that no accused is unjustly detained for prolonged periods without trial.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged detention without trial is unjust.
Bail conditions for foreign nationals must respect personal liberty under Article 21 and cannot lead to indefinite detention without legal backing.
Imposing bail conditions that result in indefinite detention violates fundamental rights under Article 21 and contravenes bail provisions stated in the Cr.P.C.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged pre-conviction detention without trial is unjust and infringes upon personal liberty.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution of India, and prolonged pre-trial detention without a timely trial is a violation of this right.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged detention without trial is unjust.
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