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Delay in Trial, not a ground for bail in grave offenses under UAPA: Supreme Court

Last Updated on February 10, 2024 by News Desk

Background: – An appeal had been filed by Gurwinder Singh, who is alleged to be a member of a proscribed terrorist group which also includes Canada-based, Gurpatwant Singh Pannun.

The bail had been sought by Singh, earlier from the special NIA court and then the Punjab and Haryana High Court.

Apart from the UAPA, he has also been accused of section 124A IPC (Sedition), 153A (Promotion of enmity between different groups), 153B (carrying of arms), 120B (criminal conspiracy)

Analysis:-

It was said by the Supreme Court that the principle of Bail is the rule and Jail is the exception that will not apply in the UAPA cases.

The bench which was led by Justices M.M Sundresh and Aravind Kumar declared that when it comes to UAPA cases then the bail must be rejected as a rule. The same will be done away with only if the accused can prove his innocence to the satisfaction of the court.

It also added that if there has been a delay in the trial of the UAPA cases then the same cannot become grounds for the grant of bail if the matter is about a grave offense under the anti-terror law.

Stating this, the SC refused to extend the benefits that could have availed as per a 2021 SC judgment which said that bail can be given in UAPA cases if the circumstances are exceptional.

Written By:- Shianjany Pradhan (@SHIANJANYPRADHAN)

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