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Supreme Court of India 2024-07-03 allowed

Javed Gulam Nabi Shaikh vs State of Maharashtra and Another

Bench: 2 — J B Pardiwala, Ujjal Bhuyan

In Brief

The Supreme Court set aside the High Court's bail rejection for a man accused under anti-terror laws (UAPA) of possessing counterfeit currency. In custody for four years without trial even starting, the Court held that prolonged detention without trial violates the constitutional right to speedy trial (Article 21), regardless of crime severity. The Court ruled that if the State cannot guarantee a timely trial, it should not oppose bail citing the crime's seriousness. Granting bail on condition of residence and periodic police check-ins, the bench emphasised that bail secures court attendance, not punishment, and that statutory restrictions must yield when constitutional rights are breached.

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Criminal Procedure Bail Constitutional Law Right to Speedy Trial UAPA Article 21 Presumption of Innocence Overcrowded Prisons Undertrials

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