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2023 Supreme(Online)(SC) 5545

S. RAVINDRA BHAT, DIPANKAR DATTA, JJ
MOHD MUSLIM @ HUSSAIN – Appellant
Versus
STATE (NCT OF DELHI) – Respondent


Advocates:
For the Appellants/Petitioners: Ms. Tanya Agarwal, Mr. Ajay Singh
For the Respondents: Mr. Vikramjit Banerjee, Ms. Nachiketa Joshi, Mr. Digvijay Dam, Mr. Sachin Sharma, Mr. Rajan Kr. Chourasia, Ms. Shruti Agarwal, Ms. Janhvi Prakash, Mr. Kartik Dey

Table of Content
1. right to speedy trial. (Para 2 , 3)
2. facts relating to appellant's case. (Para 4 , 5 , 17)
3. arguments for grant of bail. (Para 6 , 8 , 9)
4. bail under special conditions. (Para 10 , 20)
5. final decision on bail. (Para 24)

JUDGEMENT

S. RAVINDRA BHAT, J.

1. Special leave granted. With consent of counsel for parties, the appeal was heard finally.

2. Long back, in Hussainara Khatoon v. Home Secy., State of Bihar 1 this court had declared that the right to speedy trial of offenders facing criminal charges is “implicit in the broad sweep and content of Article 21 as interpreted 1 [1979] 3 SCR 1276: (1980) 1 SCC 81 Digitally signed by NEETA SAPRA Date: 2023.03.28 18:23:37 IST Reason:

    Signature Not Verified by this Court”. Remarking that a valid procedure under Article 21 is one which contains a procedure that is “reasonable, fair and just” it was held that:
    “Now obviously procedure prescribed by law for depriving a person of liberty cannot be “reasonable, fair or just” unless that procedure ensures a speedy trial for determination of the guilt of such person. No procedure which does not ensure a reasonably quick trial can be regarded as “reasonable, fair or ju












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