VidhiSangh

Supreme Court of India · 03/07/2024

JAVED GULAM NABI SHAIKH versus STATE OF MAHARASHTRA AND ANOTHER

[2024] 7 S.C.R. 992 · 2024 INSC 645

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Summary

Bail was granted in a UAPA prosecution after four years of pretrial custody, with charges still unframed and at least eighty witnesses proposed. The Court held that statutory severity could not justify continued detention where the constitutional right to speedy trial was infringed. Release was subject to trial-court conditions, remaining within Mumbai and reporting fortnightly to the NIA or police.

Issues

  1. Whether prolonged custody without framing of charges warranted bail despite a serious UAPA prosecution.
  2. How statutory bail restrictions interact with the constitutional right to speedy trial.

Provisions considered

Held

Result

Appeal allowed; bail refusal set aside. Appellant to be released on trial-court conditions, remain within Mumbai and report to the concerned NIA office or police station every fifteen days.

Judgment PDF: Supreme Court of India, [2024] 7 S.C.R. 992.