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B. R. GAVAI, K. V. VISWANATHAN
Siddhant @ Sidharth Balu Taktode – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
B.R. GAVAI, J.
1. Leave granted.
2. The present appeal challenges the order passed by the learned Single Judge of the High Court of Judicature at Bombay in Criminal Appeal No.298 of 2024, vide which the appeal filed by the appellant herein challenging the order passed by the Additional Special Judge (M.C.O.C. Act), Pune (hereinafter referred to as ‘Special Judge’), rejecting the application for bail filed by the appellant.
3. Shri Anand Dilip Landge, learned counsel appearing for the appellant submits that the learned Single Judge of the High Court as well as the learned Special Judge have grossly erred in rejecting the application filed by the appellant. It is submitted that relying solely on one criminal antecedent, the provisions of Maharashtra Control of Organised Crime Act, 1999 (for short, ‘the said Act’) have been invoked against the appellant herein. Relying on certain photographs, the learned counsel for the appellant submits that the appellant was not present at the place of the incident, inasmuch as he was 26 kms., away from the place where the incident occurred. The learned counsel for the appellant further submits that when the appellant was arrested, he was 21 ye
Prolonged incarceration without trial violates the right to a speedy trial under Articles 19 and 21 of the Constitution.
[The right to a speedy trial is fundamental under Article 21 of the Constitution, and prolonged detention without trial can warrant the granting of bail, especially when the prosecution has not estab....
Prolonged pre-trial detention can justify bail under Article 21, emphasizing individual liberty rights even amidst stringent statutory limits.
The right to a speedy trial must be balanced against the gravity of the offence and potential risks to public safety, even in cases of prolonged judicial custody.
Prolonged detention without trial must be balanced against stringent bail conditions, recognizing the fundamental right to a speedy trial.
Grant of bail on ground of undue delay in trial, cannot be said to be fettered by Section 37 of NDPS Act, given imperative of Section 436A of Cr.P.C., which is applicable to offences under NDPS Act t....
Long custody can justify bail under UAPA, emphasizing the right to a speedy trial as per Article 21.
Bail can be granted even under stringent laws like the NDPS Act when prolonged incarceration occurs without trial, emphasizing personal liberty and the presumption of innocence.
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