LegalFirms.in
LegalFirms.in Judgments · legalfirms.in/judgments/javed-gulam-nabi-shaikh-vs-state-of-maharashtra-and-another-20240703/ · Printed 07 Nov 2026
Criminal · Reportable judgment

Javed Gulam Nabi Shaikh vs State of Maharashtra and Another

Court
Supreme Court of India
Date
3 July 2024
Case No.
Criminal Appeal No. 2787 of 2024
Result
Allowed
Bench
J.B. Pardiwala, Ujjal Bhuyan
Citation
[2024] 7 S.C.R. 992 : 2024 INSC 645
Acts & Sections
Constitution Unlawful Activities (Prevention) Act 1967 National Investigation Agency Act, 2008 IPC CrPC
Supreme Court Reports [2024] 7 S.C.R. 992 : 2024 INSC 645
Issue for consideration
High Court whether justified in denying bail to the appellant, an under-trial prisoner prosecuted under Unlawful Activities (Prevention) Act, 1967 and Penal Code, 1860.
Headnote

Bail – Denial – When not justified – Constitution of India – Article

21 – Right to speedy trial – Applicability of, irrespective of the seriousness of crime – Unlawful Activities (Prevention) Act, 1967 – Penal Code, 1860 – ss.489B, 489C, 120B, 34 – National Investigation Agency Act, 2008 – s.19 – Fake counterfeit Indian currency notes seized from the appellant-accused – In custody as an under-trial prisoner for four years – Bail denied: Held: Bail is not to be withheld as a punishment – If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined u/Article 21, then it should not oppose the plea for bail on the ground that the crime committed is serious – Howsoever serious a crime may be, an accused has a right to speedy trial – Article 21 applies irrespective of the nature of the crime – Petitioner is still an accused and not a convict – He has been in jail as an under-trial prisoner for four years – No charges have been framed till date – There are around eighty witnesses to be examined, no clarity as to when the trial will ultimately conclude – The over-arching postulate of criminal jurisprudence that an accused is presumed to be innocent until proven guilty cannot be brushed aside lightly, howsoever stringent the penal law may be – Right of the accused to have a speedy trial was infringed thereby violating Article 21 – Impugned order passed by the High Court set aside – Appellant granted bail. [Paras 7, 8, 9, 19-21, 22, 23] Criminal Law – Humanist approach towards delinquents – Need for – Discussed. [Para 18]

Keywords: Bail · Bail denied · Under-trial prisoner · Accused not convict · Article 21 of the Constitution of India · Speedy trial · Fundamental right of accused to speedy trial · Seriousness of crime · Nature of crime serious · Accused presumed to be innocent until proven guilty · Criminal jurisprudence · Criminal law

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order 1. Leave granted. 2. This appeal arises from the order passed by the High Court of Judicature at Bombay dated 5th February 2024 in Criminal Appeal No 1060 of 2023 by which the High Court declined to release the appellant on bail in connection with his prosecution under the provisions of the Unlawful Activities (Prevention) Act 1967 (for short ‘UAPA’). 3. When this matter was taken up for hearing, both, the counsel appearing for the National Investigation Agency (NIA) as well as the counsel appearing for the State prayed for time. Having regard to the fact that the appellant is in cust
Full text available to subscribers
Subscribe to access complete judgment text, daily digests, and AI-powered legal research tools. For informational and research purposes only.
View Subscription Plans →
Annual plans from ₹1,599 + GST.

This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.

All SC judgments →