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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

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