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J. B. PARDIWALA, R. MAHADEVAN
Tapas Kumar Palit – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER
1. Leave granted.
2. This appeal arises from the judgment and order passed by the High Court of Chattisgarh at Bilaspur dated 16.02.2024 in Criminal Appeal No.1951 of 2023 by which the High Court dismissed the Criminal Appeal filed by the appellant herein (original accused) and thereby declined to release him on bail in connection with Sessions Case No.32/2020 arising from the First Information Report bearing no.9/2020 dated 24th March, 2020 registered for the offence punishable under Sections 10, 13, 17, 38(1)(2), 40, 22-A and 22-C respectively of the Unlawful Activities Prevention Act, 1967 (for short “the UAPA”), Sections 8(2), (3) and (5) of the Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005 and Sections 120B, 201 and 149 read with 34 of the Indian Penal Code, 1860.
3. It is the case of the prosecution that the appellant herein on 24th March, 2020 was travelling in a vehicle bearing registration no. CG-07/AH-6555. The police had information that the above numbered vehicle is to pass by and the same is carrying articles ordinarily used relating in the Naxalite Activities. Accordingly, the vehicle was intercepted.
4. The search was undertaken and the following articles were
The right to a speedy trial under Article 21 is paramount, and prolonged custody without trial can justify bail, even in serious offenses.
(1) Bail – Object of bail is to secure attendance of accused at trial – Over-arching postulate of criminal jurisprudence that accused is presumed to be innocent until proven guilty cannot be brushed ....
The right to a speedy trial is fundamental under Article 21, and bail should not be denied as punishment, especially in cases of prolonged detention without trial.
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....
An accused's right to a speedy trial under Article 21 mandates that excessive delays in trial should not negate the possibility of bail under serious charges.
The right to a speedy trial is a constitutional guarantee, and prolonged detention without trial constitutes a violation of Article 21, warranting bail even in cases involving commercial quantities o....
The denial of bail based solely on the nature of the crime violates the right to a speedy trial under Article 21, especially in cases with prolonged detention awaiting trial.
The right to a speedy trial is a constitutional right under Article 21, and prolonged detention without trial justifies the granting of bail.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged incarceration without trial is impermissible.
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