Skip to content
  • Facebook
  • X
  • Linkedin
  • WhatsApp
  • Associate Journalism
  • About Us
  • Privacy Policy
  • 033-46046046
  • editor@artifex.news
Artifex.News

Artifex.News

Stay Connected. Stay Informed.

  • Breaking News
  • World
  • Nation
  • Sports
  • Business
  • Science
  • Entertainment
  • Lifestyle
  • Toggle search form
  • Hamas Armed Wing Says “No Compromise” In Gaza Truce Talks World
  • Nobel laureate supports India’s pursuit for a neutrino lab Science
  • IPL Live: Parag's Knock Helps RR Post A Decent 141-Run Total vs CSK Sports
  • Joe Biden Says Could Drop Election Bid If “Medical Condition” Emerged World
  • Donald Trump Hush Money Trial Prosecution Rests, Closing Arguments Next Week World
  • Rupee snaps three-day rally to settle 13 paise lower at 82.69 against U.S. dollar Business
  • India versus Pakistan: Why Rohit Sharma’s Men Are Favourites In Asia Cup 2023 Clash Sports
  • Fewer Punjab Farm Fires This Year, But NASA Scientist Has A Warning Nation

Restrictive Statutory Provisions Don’t Prevent Bail: Supreme Court

Posted on July 18, 2024 By admin


The court made the observations while allowing an appeal filed by Nepal resident (File)

New Delhi:

Restrictive statutory provisions in law do not prevent courts from granting bail to an accused, the Supreme Court said on Thursday while granting bail to a man arrested under the Unlawful Activities (Prevention) Act (UAPA).

A bench of Justices J B Pardiwla and Ujjal Bhuyan said the right to life and personal liberty enshrined under Article 21 of the Constitution is “overarching and sacrosanct”.

“A constitutional court cannot be restrained from granting bail to an accused on account of restrictive statutory provisions in a penal statute if it finds that the right of the accused-undertrial under Article 21 of the Constitution has been infringed.

“In that event, such statutory restrictions would not come in the way. Even in the case of interpretation of a penal statute, howsoever stringent it may be, a constitutional court has to lean in favour of constitutionalism and the rule of law of which liberty is an intrinsic part,” the bench said.

The top court said in the given facts of a particular case, a constitutional court may decline bail but it would be wrong to say that under a particular statute, bail cannot be granted.

The court made the observations while allowing an appeal filed by Nepal resident Sheikh Javed Iqbal. It enlarged Iqbal on bail.

According to police, Iqbal had confessed that he was engaged in the illegal trade of counterfeit Indian currency notes in Nepal. The charge sheet against him was filed under section 489 (B) (using as genuine forged or counterfeit currency-notes or bank-notes), and 489 (C) (possession of forged or counterfeit currency-notes or bank-notes) of the now-repealed Indian Penal Code and later under anti-terror law the Unlawful Activities (Prevention) Act (UAPA).

Advocate M S Khan, appearing for Iqbal, submitted that the appellant is in custody for more than nine years now.

There is no possibility of the criminal trial being concluded shortly and, therefore, he should be enlarged on bail, Khan, who pleaded his case with advocates Prashant Prakash and Qausar Khan, said.

Additional Advocate General for the Uttar Pradesh government Garima Prasad opposed the submission and said charges against the appellant are very serious, and since he is a foreign national, he was a flight risk. The appellant, therefore, may not be released on bail and the trial court may be directed to expedite the trial, she said.

The top court said the trial is proceeding at a snail’s pace and was unlikely to conclude in the near future.

It is trite law that an accused is entitled to a speedy trial, the bench said.

“Bail cannot be denied only on the ground that the charges are very serious though there is no end in sight for the trial to conclude,” the bench said.

Granting bail, the bench said the trial court shall impound the passport and/or citizenship document(s) of the appellant.

“If those are in the custody of the prosecution, those shall be handed over to the trial court. Appellant shall not leave the territorial jurisdiction of the trial court; he shall furnish his address to the trial court.

“He shall appear before the trial court on each and every date of the trial. In addition to the above, the appellant shall mark his attendance before the police station which the trial court may indicate once in every fortnight till conclusion of the trial,” the bench said.

The top court directed that Iqbal shall not tamper with evidence nor threaten the witnesses.

If there is any violation of the bail conditions, it would be open to the prosecution to move the trial court for cancellation of bail, the bench said. 

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)



Source link

Nation Tags:Supreme Court, supreme court on bail

Post navigation

Previous Post: US Business Tycoon J Michael Cline Dies After Falling From Hotel’s 20th Floor
Next Post: Rs 2,500 Crore Crypto Scam Key Accused Arrested By Himachal Pradesh Police

Related Posts

  • Supreme Court Rejects Manish Sisodia’s Curative Petition Seeking Bail In Delhi Liquor Policy Scam Nation
  • Publish NEET-UG Results City-Wise And Centre-Wise, Supreme Court Tells NTA Nation
  • Video Shows Pragyan Rover Roaming Around Chandrayaan-3’s Touchdown Point Nation
  • Ajit Pawar Becoming Chief Minister Will Only Remain A Dream: Sharad Pawar Nation
  • Man Stabs Girlfriend To Death In Gurugram, Then Surrenders To Police Nation
  • No Bail For Boy Who Shot Obscene Clips Of Classmate. She Died By Suicide Nation

More Related Articles

Unauthorised Structures At Jagan Reddy’s Residence In Hyderabad Demolished Nation
Record 7.85 Crore Income Tax Returns Filed Till October 31 This Year Nation
PM Modi’s Shares His “Must Visit” List For ‘Dev-Bhoomi’ Uttarakhand Nation
650 Roads Including 5 National Highways Closed Due To Snowfall In Himachal Pradesh Nation
SC’s same-sex marriage verdict acts as a formidable document upholding the Indianness of homosexuality and gender queerness Nation
Bengaluru Residents Clean Neglected Road After Civic Body’s Inaction, DK Shivakumar Reacts Nation
SiteLock

Archives

  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022

Categories

  • Business
  • Nation
  • Science
  • Sports
  • World

Recent Posts

  • Bangladesh protests: 19 more killed in anti-quota clashes, death toll touches 25
  • NEET UG 2024 Paper Leak: Entire NEET Paper Solved In 45 Minutes Before Exam?: Top Court Asks Centre
  • Ishan Kishan “Nowhere On BCCI’s Selection Radar”, Report Reveals Why He Wasn’t Picked For SL Series
  • Shashi Tharoor’s Harsh Dig At Selectors Over India Squad For Sri Lanka Tour
  • Journalist Told To Pay 5000 Euros For Mocking Italy PM Giorgia Meloni’s Height

Recent Comments

  1. ywdVpqHiNZCtUDcl on UP Teacher Who Asked Students To Slap Muslim Classmate
  2. bRstIalYyjkCUJqm on UP Teacher Who Asked Students To Slap Muslim Classmate
  3. GkJwRWEAbS on UP Teacher Who Asked Students To Slap Muslim Classmate
  4. xreDavBVnbGqQA on UP Teacher Who Asked Students To Slap Muslim Classmate
  5. aANVRzfUdmyb on UP Teacher Who Asked Students To Slap Muslim Classmate
  • Papua New Guinea’s prime minister visits the site of a landslide estimated to have killed hundreds World
  • In A First, AAP Named As Accused By Probe Agency In Delhi Liquor Policy Case Nation
  • India vs England 5th Test Day 1: Rohit Sharma, Yashasvi Jaiswal Pummel England After Kuldeep Yadav, Ravichandran Ashwin Spin Show Sports
  • Key witness lied on stand, Trump lawyer tells jurors during closing arguments in hush money trial World
  • Cricket gets a shot in the arm as IOC approves it for 2028 LA Olympics Sports
  • SRH Coach's Blunt Take On Anchors In T20s Amid Kohli Strike-Rate Debate Sports
  • Calories and kilojoules: how do we know the energy content of food, and how accurate are the labels? Science
  • Domestic air passenger traffic jumps 25% in July Business

Editor-in-Chief:
Mohammad Ariff,
MSW, MAJMC, BSW, DTL, CTS, CNM, CCR, CAL, RSL, ASOC.
editor@artifex.news

Associate Editors:
1. Zenellis R. Tuba,
zenelis@artifex.news
2. Haris Daniyel
daniyel@artifex.news

Photograher:
Rohan Das
rohan@artifex.news

Artifex.News offers Online Paid Internships to college students from India and Abroad. Interns will get a PRESS CARD and other online offers.
Send your CV (Subjectline: Paid Internship) to internship@artifex.news

Links:
Associate Journalism
About Us
Privacy Policy

News Links:
Breaking News
World
Nation
Sports
Business
Entertainment
Lifestyle

Registered Office:
72/A, Elliot Road, Kolkata - 700016
Tel: 033-22277777, 033-22172217
Email: office@artifex.news

Editorial Office / News Desk:
No. 13, Mezzanine Floor, Esplanade Metro Rail Station,
12 J. L. Nehru Road, Kolkata - 700069.
(Entry from Gate No. 5)
Tel: 033-46011099, 033-46046046
Email: editor@artifex.news

Copyright © 2023 Artifex.News Newsportal designed by Artifex Infotech.