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Supreme Court of India 2017-03-09 partly_allowed

Hussain and Anr vs Union of India & Ors

Bench: 2 — Adarsh Kumar Goel

In Brief

In these two cases—one involving alleged narcotics offences and another involving conviction for murder—appellants challenged denial of bail despite prolonged custody. The Supreme Court held that speedy trial is a fundamental constitutional right under Article 21. The Court directed that magisterial trials with accused in custody should conclude within six months and sessions trials within two years; bail applications be ordinarily decided within one week at trial courts and two-three weeks at appellate courts; and if an undertrial's detention exceeds likely sentence, release on personal bond must follow. The judgment requests all High Courts to establish monitoring mechanisms and action plans for expeditious case disposal, addressing systemic delays through infrastructure improvement, reduced adjournments, and judicial accountability.

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Criminal Procedure Bail Speedy Trial Right to Justice Fundamental Rights Undertrial Prisoners Court Management Case Backlog Narcotics Drugs Murder

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