J&K&L HC: Bail is Not Absolute For Juveniles in Heinous Cases and Can be Denied to Serve Justice  ||  Delhi HC: Expired Driving Licenses Do Not Enjoy Deemed Continuity After 2019 MV Act Amendment  ||  MP High Court: Ex-Gratia Payments are Dependents’ Last Hope and Rules Should be Applied Liberally  ||  Orissa HC: SC’s Mihir Rajesh Shah Directive on Written Arrest Grounds Applies Prospectively  ||  Delhi HC: Tenant Liable For Possession Through Family; Non-Residence Claim Doesn’t Excuse Liability  ||  Allahabad High Court: Muslims Can Use Guardians and Wards Act Provisions to Seek Minor’s Custody  ||  Delhi High Court: Earlier Buyer Can Seek Cancellation of a Later Sale; Prior Rights Prevail  ||  Madras HC: 'Geetham' Restaurants Did Not Infringe 'Sangeetha' Trademark But Liable For Passing Off  ||  Bombay High Court: Disabled Employee Shifted Cadre Can’t Claim Past Service Seniority  ||  Supreme Court: Person Accepting a Section 28A Award May Seek Enhancement Via Appeals    

SC: Section 43D (5) UAPA Act Does Not Oust Ability of Constitutional Courts to Grant Bail - (02 Feb 2021)

CRIMINAL

Supreme Court has held that Section 43D (5) of Unlawful Activities (Prevention) Act, 1967 (UAPA Act) per¬ se does not oust the ability of Constitutional Courts to grant bail on ground of violation of Fundamental Right to Speedy Trial. The Court has also observed that the rigours of the provision will melt down where there is no likelihood of trial being completed within a reasonable time and the period of incarceration already undergone has exceeded a substantial part of the prescribed sentence.

Tags : SUPREME COURT   ABILITY OF CONSTITUTIONAL COURTS TO GRANT BAIL  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved