Speedy trial is right of accuse, bail to be granted

State should not oppose bail on the ground that offence is of serious nature when they can't ensure speedy trial.

Accuse was in jail from last 4 years, case was registered against him under Unlawful activities prevention act 1967.  Bail application was presented before supreme court of India where hon'ble court said "it is duty of protecting agency and state to ensure speedy trial  to the accused" court also asked protecting agencies not to make mockery of justice. 

The bail application was earlier filled in High court of Bombay of 5 Feb 2024, where hon'ble hight court rejected to release accuse on bail in UAPA case.

When bail application was taken up for hearing in supreme court on 3 July, both the council's appearing on the behalf of NIA and state were present  and was praying for time. But the hon'ble court rejected the prayer and decided the matter on merits. 

The accuse was in jail from last 4 years who was arrested in 2020, but till now, charges has not been framed neither the witnesses has been examined as the prosecution as submitted that they have to examine 80 witnesses in this case.  

The court laid down on many judgments likes ;- Gudikanti Narasimhulu & Ors Vs public prosecutor.Gurbaksh Singh Sibba v. State of Punjab reported in (1980) 2 SCC 56.Kadra Pahadiya & Ors. v. State of Bihar reported in (1981) 3 SCC 671 and Abdul Rehman Antulay v. R.S. Nayak reported in(1992) 1 SCC 225

And also Satinder kumar antil Vs CBI 

Court also said that "Criminals are not born out but made."  There are many factors which make criminal to commit crime that may be social, economical etc. 

     If State and court can't protect Article 21 (right of speedy trial) of the accuse, state and prosecuting agencies can't oppose bail plea of accuse on the ground that crime commited is of series nature. 

The court accepted the bail plea and released the accused subject to conditions of bail.

Judgment Refrence ;- THE SUPREME COURT OF INDIA "CRIMINAL APPELLATE JURISDICTION"

Criminal Appeal No 2787 of 2024 (Arising out of SLP (Crl) No 3809 of 204) in Javed Gulam Nabi Shaikh (Appellant) Versus State of Maharashtra and Another (Respondents).