Criminal — Bail — Applicability of statutory maximum-undertrial detention (s.436-A CrPC) — Section 436-A CrPC provides that where an undertrial has undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for the offence, the accused shall be released on personal bond (subject to provisos) — but the statutory entitlement excludes “an offence for which the punishment of death has been specified” — accordingly, where the charges include offences for which death is a possible punishment, Section 436-A cannot be invoked to compel release; reliance by a court upon s.436-A in such circumstances is legally unsustainable.
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Constitutional law — Article 21 — Speedy trial and prolonged pre-trial incarceration — The right to life and personal liberty (Art.21) embraces the right to a speedy trial; unduly protracted incarceration of undertrials engages Art.21 and, in appropriate cases, may justify enlargement on bail even in serious offences — but the entitlement is not absolute and must be balanced against the gravity of the offence, risk of abscondence, tampering/witness influence and national/public interest considerations.
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Special/terror-laws — Reverse burden statutes (UAPA) and fairness — Where a statute imposes a reverse burden or creates presumptions adverse to the accused (e.g., UAPA), prolonged delay in trial prejudices the accused disproportionately because incarceration restricts access to means of rebuttal; the State and courts must ensure effective, practical safeguards — speedy trial, adequate prosecutorial resources, access to material and legal aid — so that presumptions do not ossify into de facto convictions.
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Appellate interference — SLP against High Court grant of bail — Supreme Court ordinarily will not interfere with a High Court’s discretionary grant of bail unless there is perversity, illegality, failure to consider relevant factors, or other grounds demonstrating that discretion has been exercised improperly; mere heinousness of the offence or public outcry is not by itself a sufficient basis for interference if the High Court has balanced competing considerations and the accused has not misused liberty.
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Remedial and administrative directions — Expeditious trial in long-pending matters — Where long delays have occurred, courts may issue prospective in-personam and in-rem administrative directions: trial courts to take daily listing, minimise adjournments, record reasons for past delay; High Courts to review lists of reverse-burden cases, ensure sufficient special courts/prosecutors and prompt assignment of legal-aid counsel; periodic reports to administrative judges to be furnished — such directions are appropriate to protect Art.21 rights and the integrity of criminal adjudication.
RATIO DECIDENDI
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Statutory exclusion — s.436-A is not available where death is a possible punishment. The Court construed Section 436-A CrPC (and its successor provision in BNSS) strictly: the statute explicitly excludes offences for which death is one of the prescribed punishments; therefore a person prosecuted for such offences cannot claim release under Section 436-A as of right. This legal construction of the statute is determinative and obligatory.
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Balance between Article 21 and public interest — proportionality governs bail in grave offences. While the right to a speedy trial and liberty under Article 21 may compel release of undertrials who have suffered prolonged incarceration, the grant of bail in offences that gravely affect national security or public order requires a calibrated balancing exercise — considering (inter alia) gravity of charges, punishment on conviction, prima facie evidence, risk of absconding, likelihood of tampering, stage of trial and whether the accused has suffered manifest prejudice from delay. Where the balancing favours liberty because of inordinate delay and absence of evidence of misuse of bail, enlargement may be warranted notwithstanding the seriousness of the allegations.
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Procedural fairness in reverse-burden regimes — State must provide practical avenues for defence. The imposition of reverse legal burdens (as in UAPA) imposes a correspondingly heightened duty on the State and courts to ensure that accused persons have realistic and effective means to rebut statutory presumptions. Prolonged pre-trial detention severely handicaps an accused’s ability to marshal evidence, witnesses and expert assistance; consequently, when delays are endemic, courts must take remedial steps — administrative and procedural — to protect the accused’s right to a fair contest.
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Standard for appellate interference with bail orders. The Supreme Court will intervene against a High Court’s grant of bail only upon demonstrable illegality, perversity, failure to apply relevant legal principles, or where the bail order undermines public interest in a manner not justifiable on the record. A mere reiteration of the heinousness of the charge is insufficient absent a showing that the High Court misapplied legal standards or overlooked material considerations.
