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RONGON MUKHOPADHYAY, SANJAY PRASAD
Navinbhai Jayantibhai Patel – Appellant
Versus
Union of India through NIA – Respondent
JUDGMENT :
Sanjay Prasad, J.
The present criminal appeal has been preferred against the order dated 20.06.2020 passed in Special (NIA) Case No. 02 of 2018, corresponding to R.C. No. 02/2018/NIA/DLI dated 19.01.2018 registered under Section 120-B of the Indian Penal Code and Section 21 of Unlawful Activist (Prevention) Act, 1967 aginst the appellant, arising out of Bero P.S. Case No. 67 of 2016 registered under Section 212/213/414/34 of the Indian Penal Code and Section 13/17/40 of Unlawful Activities (Prevention) Act, 1967 and Section 17 of Criminal Law Amendment Act by the learned Judicial Commissioner-cum-Special Judge NIA at Ranchi, whereby the Learned Court below has rejected the bail application of appellant being Miscellaneous Criminal Application No. 932 of 2019.
2. Prosecution case, in brief, is that on 10.11.2016, on receiving secret information, the informant namely Mr. Bindeshwari Das, Officer In-charge of Bero P.S. registered an information received regarding the associates of Supremo of PLFI depositing ill-gotten money of crime proceed realized as extortion of levy at SBI, Bero, Ranchi. After having informed his superior authorities and having received their directives, h
The right to speedy trial under Article 21 of the Constitution of India is imperative, and prolonged incarceration without the likelihood of a timely trial may warrant the grant of bail.
The court reiterated that under the UAPA, bail is the exception, emphasizing the prima facie strength of allegations against the accused involved in financing a terrorist organization.
The court established that under the UAPA, the presumption against granting bail is strong when there are reasonable grounds to believe the accusations against the accused are prima facie true, refle....
Prolonged detention without trial violates constitutional rights; bail may be granted considering the length of custody and co-accused's bail.
The court established that statutory bail restrictions under the UAPA must be balanced with constitutional rights, particularly the right to a speedy trial, and that prolonged detention without trial....
The court established that under the UAPA, particularly Section 43D(5), the standard for denying bail is based on whether the accusations are prima facie true, which requires a careful examination of....
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