Supreme Court · 2017 INSC 227 · Decided 9 March 2017

Hussain and ANR. v. Union of Lndia

Court
Supreme Court of India
Citation
2017 INSC 227 · [2017] 2 S.C.R. 626
Case number
CRIMINAL APPEAL No. 509/2017
Decided
9 March 2017
Bench
ADARSH KUMAR GOEL, UDAY UMESH LALIT (2-judge bench)
Outcome
Disposed off
Case type
Criminal
Acts & sections cited
IPC Section 302; CrPC Section 436A; Constitution Article 21; NDPS Act Section 21(c), 2J(c)

Headnote

Bail - Denial of bail pending trial/appeal where accused/ convict in custody for long period - Two set of cases - In first case, appellants were in custody on allegation of an offence u/s.21 (c) of the NDPS Act and in second case, appellant was in custody as convicted u/s.302, !PC and appeal Court - Plea of appellants that they were entitled to bail as speedy trial is their fundamental right u!Art. 21 - Held: It is settled in various decisions of the Supreme Court that if appeal is not heard for 5 years, excluding the delay for which accused himself is responsible, bail should

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