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1 - 10 of 37 (0.30 seconds)Section 18 in The Unlawful Activities (Prevention) Act, 1967 [Entire Act]
The Explosive Substances Act, 1908
Section 120B in The Indian Penal Code, 1860 [Entire Act]
Section 20 in The Unlawful Activities (Prevention) Act, 1967 [Entire Act]
Union Of India vs K.A. Najeeb on 1 February, 2021
13. A three judge Bench of the Supreme Court in Union of India v. K.A
Najeeb (2021) 3 SCC 713 while dealing with an appeal against an order
rejecting bail of an accused who was inter alia charged with Sections 16,
18, 18-B, 19 and 20 of the UAPA, emphasised the need to balance the said
considerations. More importantly, it further observed that a Constitutional
Court is not strictly bound by the prohibitory provisions of grant of bail
under UAPA and can exercise its constitutional jurisdiction to release an
accused on bail who has been incarcerated for a long period of time. The
relevant paragraphs of the judgement are read as under:
Section 18B in The Unlawful Activities (Prevention) Act, 1967 [Entire Act]
Javed Gulam Nabi Shaikh vs The State Of Maharashtra on 8 February, 2023
15. Similarly in Javed Gulam Nabi Shaikh v. State of Maharashtra
and Anr., 2024 SCC OnLine SC 1693 the Supreme Court observed as
under
"19. If the State or any prosecuting agency including
the Court concerned has no wherewithal to provide or
protect the fundamental right of an accused to have a
speedy trial as enshrined under Article 21 of the
Constitution then the State or any other prosecuting
agency should not oppose the plea for bail on the
ground that the crime committed is serious. Article 21
of the Constitution applies irrespective of the nature of
the crime."