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1 - 10 of 15 (0.30 seconds)Section 20 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
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.
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.
Section 161 in The Code of Criminal Procedure, 1973 [Entire Act]
Bharat Chaudhary vs Union Of India on 13 December, 2021
16. Reliance is placed on Bharat Chaudhary vs Union of India, in SLP
(Crl.)
Section 439 in The Code of Criminal Procedure, 1973 [Entire Act]
Gurpreet Singh & Ors. vs State Nct Of Delhi & Anr. on 25 November, 2021
3533/2023 decided on 06.12.2023, Gurpreet Singh vs State of NCT of Delhi,
Bail Appl. 857/2023 decided on 05.02.2024