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1 - 8 of 8 (0.24 seconds)The Indian Penal Code, 1860
Union Of India vs K.A. Najeeb on 1 February, 2021
11] Recently, the Hon'ble Apex Court in the case of Union of India
vs. K.A. Najeeb in (2021) 3 SCC 713, has reiterated that liberty
granted by part III of the Constitution covers within its protective ambit
not only due procedure and fairness but also access to justice and
speedy trial. Gross delay in disposal of criminal trials has been held to
be a ground justifying invoking of Article 21 and consequential
necessity to release under-trial on bail. The observations of their
Lordships while dealing with the case of UAPA are much relevant,
which reads thus :
Section 465 in The Indian Penal Code, 1860 [Entire Act]
Section 471 in The Indian Penal Code, 1860 [Entire Act]
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Satender Kumar Antil vs Central Bureau Of Investigation on 11 July, 2022
(921)BA-1012-2022.doc
12] In the case of Satender Kumar Antil vs. CBI & Anr., in
Miscellaneous Application No.1849 OF 2021 in Special Leave
Petition (CRL.) No.5191 Of 2021 once again the Hon'ble Apex Court
has reiterated that liberty is one of the essential requirement of the
modern man and it was noted that Jails in India are flooded with under-
trial prisoners recording that arrest is a draconian measure resulting in
curtailment of liberty as to be used sparingly as in democracy there can
never an impression that it is a police state as both are conceptually
opposite to each other. Recording that the criminal case in general and
trial Court in particular are the guardian angels of liberty and liberty as
embedded in the Code has to be preserved, protected and enforced by
Criminal Courts.
Chintan Vidyasagar Upadhyay vs The State Of Maharashtra on 17 September, 2021
(921)BA-1012-2022.doc
9] Reliance is also placed upon order of the Hon'ble Apex Court in
the case of Chintan Vidyasagar Upadhyay vs. State of Maharashtra
in Special Leave to Appeal(Crl.)No(s).2543/2021,where incarceration
of six years and time likely to be consumed in concluding the trial was
considered to be a fit ground to release the Applicant on bail.
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