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Supreme Court of India 2022-04-11 allowed

Jahir Hak vs State of Rajasthan

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Jahir Hak was arrested in May 2014 on terrorism-related charges under the Unlawful Activities (Prevention) Act and had spent nearly 8 years in custody as an undertrial prisoner. Though charges were framed, only 6 out of 109 prosecution witnesses had been examined, and the trial was estimated to take another 2–3 years. The Supreme Court held that the prolonged incarceration without early trial completion, combined with the lack of incriminating evidence from priority witnesses and the less stringent bail conditions under UAPA, justified release on bail. The Court allowed the appeal and ordered the appellant's release subject to conditions to be fixed by the trial court.

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Criminal Law Bail Unlawful Activities (Prevention) Act Undertrial Prisoners Right to Speedy Trial

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