In Brief
The appellant, a Nepalese national, was arrested in February 2015 with counterfeit Indian currency notes worth Rs. 26,03,500. He was prosecuted under Sections 489B and 489C of the IPC and Section 16 of the UAPA. After nine years in jail with only two prosecution witnesses examined, the appellant sought bail. The High Court rejected his application citing grave charges and flight risk. The Supreme Court held that despite serious charges, an accused has a fundamental right to speedy trial under Article 21. When trial is unlikely to conclude within reasonable time and the accused has suffered prolonged incarceration, constitutional courts must grant bail. The Court distinguished between statutory restrictions and constitutional protections, holding that Article 21 rights cannot be wholly curtailed by penal statutes. The appeal was allowed and bail was granted with conditions.
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