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SANJAY KAROL, N. KOTISWAR SINGH
Central Bureau of Investigation – Appellant
Versus
Dayamoy Mahato – Respondent
| Table of Content |
|---|
| 1. factual background of train derailment case. (Para 2 , 3) |
| 2. arguments regarding bail and section 436-a. (Para 4 , 5 , 6) |
| 3. examination of section 436-a and its implications. (Para 7 , 8 , 9 , 10 , 11) |
| 4. article 21 rights and their application in bail cases. (Para 12 , 13 , 14 , 15) |
| 5. nature of reverse burden of proof in terrorism cases. (Para 17 , 18 , 19) |
| 6. justifications for opposing bail based on the nature of the crime. (Para 20 , 21 , 22) |
| 7. conclusions and directions regarding trial efficiency. (Para 23 , 24 , 25) |
JUDGMENT :
INDEX
Leave Granted.
2. The present Appeals have been preferred by the investigating agency against the judgment(s) and order(s) dated 9th November 2022 passed by the High Court of Calcutta in CRM No. 9431/2019 and CRM No. 407 of 2021 whereby the Respondent(s), six in number came to be released on bail, in connection with CBI Case No. RC4/S/20101[Hereinafter ‘Subject FIR’.] – Kol registered at P.S. CBI/SCB/Kolkata on 9th June 2010. Similarly, relying upon the very same order, the High Court vide order dated 28th February 2023 released eleven accused on bail in CRM (DB) 382 of 2023 and CRM (DB) 441 of 2023. Thereafter, one more accused came
Rights under Article 21 must be balanced against national security, especially for heinous offenses; bail is not automatically granted based solely on prolonged incarceration.
Bail – Section 436-A of Cr.P.C. does not exclude offences under NDPS Act – Deprivation of personal liberty without ensuring speedy trial is not consistent with Article 21.
Bail under Section 43D(5) of the UAPA cannot be granted solely due to trial delay; it requires examination of prima facie case merits.
(1) Grant of bail – Courts are expected to appreciate legislative policy against grant of bail but rigours of such provisions will melt down where there is no likelihood of trial being completed with....
The right to a speedy trial under Article 21 of the Constitution mandates that an undertrial cannot be detained beyond one-half of the maximum imprisonment period without trial, leading to bail being....
The right to a speedy trial under Article 21 mandates release under Section 436-A of the CrPC after serving half of the maximum imprisonment period, regardless of the nature of the offence.
The right to a speedy trial under Article 21 of the Constitution mandates that an undertrial cannot be detained beyond half of the maximum sentence without trial, warranting bail under Section 436-A ....
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