LegalFirms.in
LegalFirms.in Judgments · legalfirms.in/judgments/tapas-kumar-palit-vs-state-of-chhattisgarh-20250214/ · Printed 07 Nov 2026
Criminal · Reportable judgment

Tapas Kumar Palit vs State of Chhattisgarh

Court
Supreme Court of India
Date
14 February 2025
Case No.
Criminal Appeal No. 738 of 2025
Result
Allowed
Bench
J.B. Pardiwala, R Mahadevan
Citation
[2025] 2 S.C.R. 630 : 2025 INSC 222
Acts & Sections
Unlawful Activities Prevention Act, 1967 Chhattisgarh Vishesh Jan Suraksha… IPC CrPC
Supreme Court Reports [2025] 2 S.C.R. 630 : 2025 INSC 222
Issue for consideration
Appellant in judicial custody for 5 years, no certainty as regards the time likely to take in conclusion of the trial. Whether the appellant is entitled to bail.
Headnote

Bail – Entitlement to – Delay in trial – Constitution of India – Article 21 – Right to speedy trial – Unlawful Activities Prevention Act, 1967 – Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005 – Penal Code, 1860 – FIR against appellant under the aforesaid Acts – Trial in progress – Out of 100 witnesses, 42 witnesses examined – Bail denied by High Court – Challenge to: Held: Howsoever serious a crime may be, the accused has a fundamental right of speedy trial as enshrined in Article 21 of the Constitution – Appellant has been in custody as an under trial prisoner since March 2020 – He has no other antecedents – The panch witnesses to the recovery panchnama have also turned hostile – Out of 100 witnesses, only 42 witnesses have been examined – There is no certainty as regards the time likely to be consumed to complete the recording of the oral evidence – If an accused gets a final verdict after incarceration of six to seven years in jail as an undertrial prisoner, then his right to have a speedy trial u/Article 21 is infringed – Impugned order set aside – Appellant granted bail. [Paras 6, 7, 8, 10 , 14, 16]

Examination of the witnesses – Large number of witnesses, everyone need not be examined to establish one particular fact – Public Prosecutor to exercise discretion wisely: Held: Where the number of witnesses is large, it is not necessary that everyone should be produced – It results in indefinite delay in conclusion of trial – Public Prosecutor to wisely exercise his discretion in so far as examination of the witnesses is concerned – Role of the Special Judge (NIA), discussed. [Paras 13, 14] Long trials – Effect on accused – Discussed. [Para 14]

Keywords: Article 21 of the Constitution of India · Right to speedy trial · Bail · Delay in trial · Trial in progress · Long trials · Seriousness of the crime · No antecedents · Panch witnesses hostile · Indefinite delay in conclusion of trial · Under trial prisoner · Examination of the witnesses · Large number of witnesses · Public Prosecutor · Special Judge (NIA)

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 judgment and order passed by the High Court of Chattisgarh at Bilaspur dated 16.02.2024 in Criminal Appeal No.1951 of 2023 by which the High Court dismissed the Criminal Appeal filed by the appellant herein (original accused) and thereby declined to release him on bail in connection with Sessions Case No.32/2020 arising from the First Information Report bearing no.9/2020 dated 24th March, 2020 registered for the offence punishable under Sections 10, 13, 17, 38(1)(2), 40, 22-A and 22-C respectively of the Unlawful Activities Prevention Ac
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 →