| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Bail Post-arrest bail |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Act(s) Referred | National Investigation Agency Act, 2008 (34 of 2008) |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Bail: Post-arrest bail – Trial for offence under National Investigation Agency Act, 2008 – Charge sheet filed against the accused in 2012 while charges framed after seven years in 2019 – Statement of de facto complainant still not completed – Large number of prosecution witnesses yet to be examined – Appellant-accused in custody since 2012 and completed nine and a half years of incarceration as undertrial prisoner – Appellant seeking bail – Held: Deprivation of personal liberty without ensuring speedy trial is not consistent with Art.21 of the Constitution of India – While deprivation of personal liberty for some period may not be avoidable, period of deprivation pending trial/appeal cannot be unduly long – At the same time, timely delivery of justice is part of human rights and denial of speedy justice is a threat to public confidence in the administration of justice – Appellant-accused made out a case for grant of post-arrest bail pending trial – Constitution of India – Art.21 – National Investigation Agency Act, 2008. Judicial notice: Under the scheme of the National Investigation Agency Act, 2008, the power is vested with the Central Government in consultation with the Chief Justice of the High Court, for the trial of scheduled offences, to designate one or more Courts of Session as Special Courts – s.19 of the Act 2008 envisages that the trial under the Act of any offence by a Special Court shall be held on day-to-day basis on all working days and shall be concluded in preference to the trial of such other case and accordingly the trial of such other case shall, if necessary, remain in abeyance – It seems that only one such Special Court has been designated by the State of West Bengal to try such cases under the Act 2008 – In the instant case, the order sheets indicated that hearing was taking place onlyone day in a month and if this procedure is followed in conducting the trial under Act 2008, it would frustrate the very purpose with which the Special Courts are designated – State of West Bengal to take up the issue and designate more dedicated courts of Sessions as Special Courts for the trial of offences specified in the schedule appended to the Act 2008 – At the same time, the Central Government may also, in consultation with the Chief Justice of the High Court, Calcutta may exercise its power and take up the issue at the earliest so that such trials which are pending under the Act 2008 may go ahead speedily and the mandate, as intended by the legislature in its wisdom, reflected from s.19 of the Act, is being complied with in its letter and spirit – National Investigation Agency Act, 2008. |
| Judge | Hon'ble Mr. Justice Ajay Rastogi |
| Neutral Citation | 2021 INSC 813 |
| Petitioner | Ashim @ Asim Kumar Haranath Bhattacharya @ Asim Harinath Bhattacharya @ Aseem Kumar Bhattacharya |
| Respondent | National Investigation Agency |
| SCR | [2021] 9 S.C.R. 607 |
| Judgement Date | 2021-12-01 |
| Case Number | 1525 |
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