VidhiSangh

Supreme Court of India · 11/04/2022

JAHIR HAK versus THE STATE OF RAJASTHAN

[2022] 3 S.C.R. 101 · 2022 INSC 412

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

An undertrial facing UAPA charges sought bail after nearly eight years in custody. Only six prosecution witnesses had been fully examined, and the trial court anticipated a further two to three years. Considering the nature of the case, evidence already recorded and prolonged incarceration, the Court granted bail on conditions to be fixed by the trial court. Its observations were expressly confined to bail and did not determine guilt.

Issues

  1. Whether prolonged custody, likely further trial delay and the evidence already recorded justified bail in the UAPA prosecution.

Provisions considered

Held

Result

Appeal allowed; the High Court’s bail refusal was set aside. Release on bail directed subject to conditions to be fixed by the trial court. Trial merits expressly reserved.

Judgment PDF: Supreme Court of India, [2022] 3 S.C.R. 101.