Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANUPINDER SINGH GREWAL, LAPITA BANERJI
Pardeep Bhatti – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Anupinder Singh Grewal, J. (Oral)
CRM-17203-2023
1. This is an application seeking condonation of delay of 37 days in preferring the appeal against the order dated 09.02.2023 passed by the Additional Sessions Judge, Shaheed Bhagat Singh Nagar vide which bail application of the applicant-appellant was rejected.
2. Learned counsel for the applicant/appellant submits that the applicant is undergoing sentence as an undertrial and was not aware about the period of limitation. His family members had later approached the counsel and therefore, the delay has occurred in filing the appeal.
3. Issue notice in the application to the non-applicant/respondent.
4. At the asking of the Court, Mr. Aftar Singh Khara, Sr. DAG, Punjab, accepts notice on behalf of the respondent.
5. Heard.
6. The appeal against an order rejecting the application for bail is provided under Section 21 of the National Investigation Agency Act, 2008 . The period of limitation which is prescribed therein is 30 days which can be condoned up to 90 days with sufficient cause. It has been held by the Division Bench of the Bombay High Court in the case of Faizal Hasamali Mirza versus State of Maharashtra and another, 2023 S
Prolonged pre-trial detention can justify bail under Article 21, emphasizing individual liberty rights even amidst stringent statutory limits.
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.
The right to a speedy trial is fundamental under Article 21, and prolonged incarceration without trial violates this right, warranting the grant of bail.
The right to a speedy trial under Article 21 of the Constitution is fundamental; prolonged detention without trial justifies bail, regardless of the seriousness of the charges.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
