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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANUPINDER SINGH GREWAL, LAPITA BANERJI
Simranjeet Singh @ Chibbu – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Anupinder Singh Grewal, J. (Oral)
CRM-32190-2023
1. This is an application seeking condonation of delay of 139 days in preferring the appeal against the order dated 13.02.2023 vide which his bail application was rejected.
Learned counsel for the applicant/appellant submits that the applicant is in custody as an undertrial, 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.
Issue notice in the application to the non-applicant/respondent.
At the asking of the Court, Mr. H.S.Sullar Sr.DAG, Punjab, accepts notice on behalf of the respondent.
Heard.
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 SCC (online) Bom 1936, that the period of 30 days prescribed under Section 21 of the National Investigation Agency Act, 2008 woul
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.
Prolonged incarceration without trial violates the right to speedy trial under Article 21, warranting bail as the rule and refusal as the exception.
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