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Supreme Court of India 2017-02-01 allowed

Umarmia alias Mamumia vs State of Gujarat

Bench: 2 — L. Nageswara Rao

In Brief

In this criminal appeal under TADA, the Court examined whether an accused could be granted bail after 12 years of incarceration when the trial was nearly at a standstill (only 25 of 192 witnesses examined). The appellant, accused of smuggling arms and ammunition, was denied bail by the lower court despite no likelihood of trial completion. The Court held that failure to obtain prior approval under Section 20A(1) of the TADA Act before registering the FIR vitiated proceedings. Additionally, the prolonged delay, coupled with the fundamental right to speedy trial under Article 21, justified bail even for serious offences. The Court granted bail subject to strict conditions including residence at Porbandar and daily police reporting.

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Criminal Procedure Terrorist and Disruptive Activities Prevention Act Bail Constitutional Law Right to Speedy Trial

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