VidhiSangh

Supreme Court of India · 17/12/2024

ATHAR PARWEZ versus UNION OF INDIA

[2024] 12 S.C.R. 1093

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Summary

The Supreme Court granted bail to an alleged PFI member charged under the IPC and the UAPA, holding that on the chargesheet and the protected witnesses' statements there were no reasonable grounds to believe the accusations prima facie true, so Section 43-D(5) UAPA did not bar bail. It also held that over two years and four months of custody, with charges not framed and 354 witnesses cited, attracted Article 21; its co-accused had been granted bail on almost the same material.

Issues

  1. Whether, on the chargesheet and the statements of protected witnesses, there were reasonable grounds for believing the accusations against the appellant under the UAPA to be prima facie true, attracting the bar on bail in Section 43-D(5).
  2. Whether long pre-trial incarceration with no likelihood of early conclusion of trial entitled the appellant to bail under Article 21 despite the statutory restrictions.
  3. Whether the appellant was entitled to parity with the co-accused who had been granted bail on similar material.

Provisions considered

Held

Result

Appeal allowed; impugned High Court order set aside; appellant to be produced before the Special Court within 7 days and released on bail till conclusion of trial on terms fixed by that court after hearing the respondent; observations are tentative and have no bearing on the trial or on co-accused.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 1093.