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Union Of India vs K.A. Najeeb on 1 February, 2021

27. The Supreme Court in the case of Union of India v. K.A. Najeeb, (2021) 3 SCC 713 observed that if the timely trial is not possible, Courts should ordinarily release the undertrials on bail and statutory restrictions do not exclude discretion of the constitutional Courts to grant bail on the ground of fundamental right enshrined in Part III of the Constitution. The Personal Liberty guaranteed by Part IV in the Constitution, would cover not only the protective but also bring within its ambit not only due procedure and fairness but also access to speedy trial.
Supreme Court of India Cites 18 - Cited by 1436 - S Kant - Full Document

S.C. Legal Aid Committee Representrial ... vs Union Of India on 7 October, 1994

28. The Supreme Court in the case of Supreme Court Legal Aid Committee (Representing Undertrial Prisoners) vs. Union of India, (1994) 6 SCC 731 had observed that undertrials cannot be indefinitely detained pending trial. Ideally, no person ought to suffer adverse consequences of his acts unless the same has been established before a neutral arbiter. However, owing to the practicalities of real life were to secure an effective trial and to ameliorate the risk to society in case a potential criminal is left at large pending trial, the courts are tasked with deciding whether an individual ought to be released pending trial or not. Once it is obvious that timely trial would not be possible and the accused has suffered incarceration for a significant period of time, the courts would ordinarily be obligated to enlarge them on bail.
Supreme Court of India Cites 22 - Cited by 478 - A M Ahmadi - Full Document
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