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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

Two appellants sought bail pending trial and appeal, having been in custody for extended periods (since 2013 and 2009 respectively) for narcotics and murder charges. The Supreme Court held that speedy trial is a fundamental right under Article 21, and prolonged detention without trial violates this right. Rather than granting bail, the Court disposed of the appeals by directing completion of the trial and appeal within six months. The judgment also issued comprehensive directions to all High Courts to establish action plans fixing timelines for disposal of criminal trials (six months for magistrate trials, two years for sessions trials) and setting one-week deadlines for bail decisions in subordinate courts.

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Criminal Procedure Bail and Detention Speedy Trial Fundamental Rights Judicial Administration Undertrial Prisoners Constitutional Law

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