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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANUPINDER SINGH GREWAL, LAPITA BANERJI
Pardeep Bhatti – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. delay in filing appeal can be condoned under certain circumstances. (Para 1 , 2) |
| 2. bail application was rejected based on serious charges despite lack of material evidence. (Para 3 , 4) |
| 3. historical context supports the granting of bail for prolonged detention. (Para 5 , 11) |
| 4. article 21 rights allow limiting detentions under uapa. (Para 6 , 10) |
| 5. final decision leads to issuance of bail under specific conditions. (Para 12 , 13) |
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
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.
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