Skip to content
  • Facebook
  • X
  • Linkedin
  • WhatsApp
  • YouTube
  • 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
  • Access Denied Sports
  • Amid Champions Trophy Row, Harbhajan Singh’s Old Video Schooling Pakistan Reporter Goes Viral
    Amid Champions Trophy Row, Harbhajan Singh’s Old Video Schooling Pakistan Reporter Goes Viral Sports
  • Rabindranath Tagore’s Name Missing From Visva-Bharati Plaque, Bengal Governor Seeks Explanation
    Rabindranath Tagore’s Name Missing From Visva-Bharati Plaque, Bengal Governor Seeks Explanation Nation
  • Jos Buttler Admits To ‘Blunder’ That Cost England T20 World Cup 2024 Semifinal vs India
    Jos Buttler Admits To ‘Blunder’ That Cost England T20 World Cup 2024 Semifinal vs India Sports
  • Bhogapuram Airport cargo terminal launch likely in August-September
    Bhogapuram Airport cargo terminal launch likely in August-September Nation
  • Arunachal Pradesh Chief Electoral Officer reviews preparedness for June 18 Rajya Sabha polls
    Arunachal Pradesh Chief Electoral Officer reviews preparedness for June 18 Rajya Sabha polls World
  • Access Denied
    Access Denied Nation
  • Congress Fields BJP Imports, Party “Dynasts” For Madhya Pradesh Election
    Congress Fields BJP Imports, Party “Dynasts” For Madhya Pradesh Election Nation
Restrictive Statutory Provisions Don’t Prevent Bail: Supreme Court

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

  • Access Denied
    Access Denied Nation
  • Tripta Tyagi, Neha Family Faculty, Muzaffarnagar: I Made A Mistake, However There’s Negative Communal Perspective: UP Coach Apologises
    Tripta Tyagi, Neha Family Faculty, Muzaffarnagar: I Made A Mistake, However There’s Negative Communal Perspective: UP Coach Apologises Nation
  • Smriti Irani On Rahul Gandhi Debating PM Modi
    Smriti Irani On Rahul Gandhi Debating PM Modi Nation
  • Man, Stabbed By Friend After Argument Over Woman, Dies: Delhi Cops
    Man, Stabbed By Friend After Argument Over Woman, Dies: Delhi Cops Nation
  • Access Denied
    Access Denied Nation
  • Access Denied
    Access Denied Nation

More Related Articles

200 Vehicles Damaged As Massive Fire Breaks Out At Varanasi Railway Station 200 Vehicles Damaged As Massive Fire Breaks Out At Varanasi Railway Station Nation
Debut in politics, Nishant Kumar remains busy with party activities Debut in politics, Nishant Kumar remains busy with party activities Nation
Abandoned 20 Years Ago, Spanish Woman Returns To India In Search Of Mother Abandoned 20 Years Ago, Spanish Woman Returns To India In Search Of Mother Nation
Access Denied Access Denied Nation
BJP May Get 350 Seats On Its Own, 5 In Tamil Nadu, Top Economist Surjit Bhalla To NDTV BJP May Get 350 Seats On Its Own, 5 In Tamil Nadu, Top Economist Surjit Bhalla To NDTV Nation
Poll Body Notice To N Chandrababu Naidu Over ‘Derogatory’ Remarks Against Jagan Mohan Reddy Poll Body Notice To N Chandrababu Naidu Over ‘Derogatory’ Remarks Against Jagan Mohan Reddy Nation
SiteLock

Archives

  • September 2026
  • August 2026
  • July 2026
  • June 2026
  • May 2026
  • April 2026
  • March 2026
  • February 2026
  • January 2026
  • December 2025
  • November 2025
  • October 2025
  • September 2025
  • August 2025
  • July 2025
  • June 2025
  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • 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

  • BSNL deputy general manager urges engineering students to embrace AI, robotics and quantum technology
  • Delhi Police head constable, wife found dead in Narela; children find flat locked from inside
  • Samrat Choudhary promises jobs to one crore women
  • U.S. military says it killed 4 in strike on alleged drug-smuggling boat in Caribbean
  • Davis Cup: Czechs beat USA to qualify for finals

Recent Comments

  1. YWgliuZUXRuWYumGOFzzpY on UP Teacher Who Asked Students To Slap Muslim Classmate
  2. AlvinNet on UP Teacher Who Asked Students To Slap Muslim Classmate
  3. AlvinNet on UP Teacher Who Asked Students To Slap Muslim Classmate
  4. Jamesslits on UP Teacher Who Asked Students To Slap Muslim Classmate
  5. MichaelClear on UP Teacher Who Asked Students To Slap Muslim Classmate
  • ICC ropes in Usain Bolt as T20 World Cup ambassador
    ICC ropes in Usain Bolt as T20 World Cup ambassador Sports
  • United Nations appeals for  million for Nepal flood victims
    United Nations appeals for $50 million for Nepal flood victims World
  • Access Denied
    Access Denied Nation
  • High Income Group: ‘The Budget is a study in contrasts’
    High Income Group: ‘The Budget is a study in contrasts’ Business
  • U.S. birthright citizenship: Indian-American lawmakers oppose President Donald Trump’s executive order
    U.S. birthright citizenship: Indian-American lawmakers oppose President Donald Trump’s executive order World
  • Oil falls as Trump pledges economic war on Iran
    Oil falls as Trump pledges economic war on Iran World
  • Hockey India League: Harmanpreet Singh Scores As Soorma Club Beat Kalinga Lancers In Seven-Goal Thriller
    Hockey India League: Harmanpreet Singh Scores As Soorma Club Beat Kalinga Lancers In Seven-Goal Thriller Sports
  • Access Denied Sports

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.