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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anupinder Singh Grewal, Lapita Banerji
Manish Kumar @ Baba – Appellant
Versus
State Of Punjab – Respondent
| Table of Content |
|---|
| 1. factual context regarding the appellant's involvement. (Para 1 , 2 , 3) |
| 2. argument for bail based on lack of evidence. (Para 4 , 5) |
| 3. overall assessment of article 21 and its implications. (Para 6) |
| 4. principles governing bail under uapa established through previous cases. (Para 7 , 8 , 9) |
| 5. final decision allowing bail based on the accumulated rationale. (Para 11 , 12) |
JUDGMENT :
Anupinder Singh Grewal, J. (Oral)
The appellant has challenged the order dated 27.04.2023 passed by the Additional Sessions Judge, Shaheed Bhagat Singh Nagar whereby his bail application in FIR No.241 dated 08.11.2021, registered under Sections 307, 427, 212, 120-B IPC; Sections 6 , 7, 8 of the Explosive Substance Act ; Sections 13 , 16, 17, 18, 18-B, 20 of the Unlawful Activities (Prevention) Act, 1967 (for short ' UAPA ') and Section 25 /54/59 of the Arms Act at Police Station City Nawanshahr, has been dismissed.
2. Learned counsel for the appellant submits that the appellant was not named in the FIR and has been arraigned as an accused on the statement of co-accused Pardeep Singh who had stated that the appellant was driving the motorcycle while the pillion rider co-accused Ramandeep Sing
Long custody can justify bail under UAPA, emphasizing the right to a speedy trial as per Article 21.
Prolonged custody without trial can violate the right to speedy trial, justifying bail under UAPA despite serious allegations.
Long custody without trial can justify bail under UAPA, emphasizing the right to speedy trial under Article 21 of the Constitution.
Prolonged pre-trial detention can justify bail under Article 21, emphasizing individual liberty rights even amidst stringent statutory limits.
The court held that prolonged pre-trial detention without significant evidence warrants bail under Article 21, emphasizing the right to a speedy trial. Serious allegations alone do not justify denial....
Prolonged pre-trial detention mandates consideration for bail under Article 21, emphasizing the need for sufficient evidence linking the accused to criminal conspiracy under the UAPA.
Prolonged detention without trial can violate the right to a speedy trial, qualifying an accused for bail under Article 21, despite serious charges linking them to anti-national activities.
The right to a speedy trial is fundamental under Article 21, and prolonged incarceration without trial violates this right, warranting the grant of bail.
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