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Indian Laws - Highlights / Catch Notes

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The court held that an accused is entitled to a speedy trial, ...


Speedy trial a must; bail can't be denied solely on serious charges. Courts to uphold Article 21 over restrictive laws.

Case Laws     Indian Laws

July 23, 2024

The court held that an accused is entitled to a speedy trial, and if the trial gets prolonged, bail cannot be denied solely on the ground of serious charges. The right to life and personal liberty under Article 21 of the Constitution is sacrosanct, and a constitutional court cannot be restrained from granting bail due to restrictive statutory provisions if it finds the accused's rights have been infringed. Even in interpreting stringent penal statutes, a court must lean towards constitutionalism and the rule of law, which includes liberty. In the given case, the appellant was directed to be released on bail, and the impugned order was set aside.

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