AIROnline 2025 SC 67

Supreme Court Of India

(From : AIROnline 2024 Chh 452)

Hon'ble Judge(s): J. B. Pardiwala, R. Mahadevan , JJ

(A) Unlawful Activities (Prevention) Act (37 of 1967) , S.43D— Criminal P.C. (2 of 1974) , S.439— Bail - Prayer for - Offence of involvement in Naxalite activities in furtherance of criminal conspiracy - Allegation that police intercepted vehicle of accused, which was carrying articles ordinarily used in Naxalite Activities - Accused was in judicial custody for over 5 years - Charge-sheet was filed and trial was under progress, with 42 prosecution witnesses examined so far - Prosecution intended to examine 100 witnesses - Accused had no previous criminal record and panch witnesses had turned hostile - Given long period of judicial custody, with no certainty regarding time required to complete trial, right of accused to speedy trial was affected - Bail was granted. AIROnline 2024 Chh 452-ReversedAIR 1946 Privy Council 16-Followed (Para 5 6 7 8 9 10 11 12 13 16) (B) Criminal P.C. (2 of 1974) , S.225— Constitution of India , Art.21— Examination of witnesses - Duty of public prosecutor - While it is discretion of Public Prosecutor to determine which wi....