In Brief
The Supreme Court examined a criminal appeal challenging bail granted by the Calcutta High Court to accused persons in connection with the 2010 Jnaneshwari Express derailment (killed 148, injured 170+). Accused faced charges under IPC, UAPA (terrorism), and Railway Act. The Court held that Section 436-A CrPC (default bail upon prolonged custody) cannot apply to offences attracting death or UAPA charges with reverse burden of proof. While Article 21 protects undertrial liberty, it must balance national security and public safety in heinous crimes. The Court set aside bail orders based on misapplication of Section 436-A and Article 21, but refused interference as accused had not misused bail in three years. It issued directions for expedited day-to-day trial proceedings and monitoring to safeguard speedy trial rights while ensuring justice.
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