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Supreme Court of India 2021-12-01 allowed

ASHIM @ ASIM KUMAR HARANATH BHATTACHARYA @ ASIM HARINATH BHATTACHARYA @ ASEEM KUMAR BHATTACHARYA vs NATIONAL INVESTIGATION AGENCY

Bench: 2 — Ajay Rastogi, Abhay S. Oka

In Brief

The appellant, aged 74, had been detained as an undertrial prisoner for over nine and a half years in a serious criminal case involving alleged sedition and unlawful activities. Although charges were framed only in 2019—seven years after the initial charge sheet—with 298 witnesses listed and no near-end in sight, both the trial court and High Court rejected his bail plea. The Supreme Court held that the constitutional guarantee of personal liberty under Article 21 includes the right to a speedy trial. Where an undertrial has suffered prolonged incarceration and timely trial is unlikely, courts must grant bail despite statutory restrictions. The judgment also criticized the poor implementation of Special Court rules mandating day-to-day trials and directed state authorities to designate additional courts and accelerate proceedings.

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Criminal Procedure Bail Right to Speedy Trial Undertrial Detention National Investigation Agency Unlawful Activities Prevention Act Constitutional Rights Article 21

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