Allahabad HC: Police Report in Non-Cognizable Offence is a Complaint; Accused Must Be Heard First  ||  Kerala HC: Hospitals Must Display Rates and Cannot Deny Emergency Care For Lack of Advance Payment  ||  Orissa HC: Convict’s Refusal to Appeal Through Legal Aid Must be Recorded in Writing  ||  SC Halts Deer Translocation From Delhi’s AN Jha Park And Orders a Probe into DDA Negligence  ||  Supreme Court: The Growing Trend of Succeeding Benches Overturning Earlier Judgments is Troubling  ||  SC: Administrative Orders Must be Based on Stated Reasons and Cannot Add New Grounds Later  ||  HP HC: Mixing Contraband Pouches Before Sampling Raises Serious Doubts About Accused's Possession  ||  Bombay HC: Drug Names Using International Non-Proprietary Names Cannot be Monopolized  ||  Delhi High Court: Assets From Illegal Cricket Betting are Proceeds of Crime Attachable by ED  ||  Delhi HC: Extension to Issue SCN U/S 110 of The Customs Act Must be Granted Before Six Months Expire    

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 2025 - All Rights Reserved