Code of Criminal Procedure, 1973: s.439 – Application for anticipatory bail by undertrial prisoner who has undergone 8 years of incarceration – Appellant was arrested in connection with FIR for offences punishable under ss.10, 13, 15 to 18, 18A, 18B, 19, 20, 23 and 38 of 1967 Act – Charges were framed against him on 29.01.2018 – Appellant has been in custody for a period of 8 years – By impugned order, his application for bail was rejected by High Court – On appeal, held: Appellant is charged with offences, some of which are punishable with a minimum punishment of 10 years and the sentence extending to imprisonment for life – The condition in s.43D(5) of the Act of 1967 has been understood to be less stringent than the provisions contained in Narcotic Drugs and Psychotropic Substances Act, 1985 – Prosecution seeks to examine as many as 109 witnesses of which only 6 witnesses have been fully examined so far – In view of nature of the case against the appellant, the evidence and long period of incarceration that he has already undergone, appellant released on bail subject to such conditions as shall be fixed by the trial court – Unlawful Activities (Prevention) Act, 1967 – ss.10, 13, 15, 16, 17, 18, 18A, 18B, 19, 20, 23 and 38 Union of India v. K. A. Najeeb (2021) 3 SCC 713 – relied on.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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