AIROnline 2025 SC 67

(A) Unlawful Activities (Prevention) Act (37 of 1967) , S.43D— Criminal P.C. (2 of 1974) , S.439— Bail – Prayer for – Offence of involvement in Naxalite activities in furtherance of criminal conspiracy – Allegation that police intercepted vehicle of accused, which was carrying articles ordinarily used in Naxalite Activities – Accused was in judicial custody for over 5 years – Charge-sheet was filed and trial was under progress, with 42 prosecution witnesses examined so far – Prosecution intended to examine 100 witnesses – Accused had no previous criminal record and panch witnesses had turned hostile – Given long period of judicial custody, with no certainty regarding time required to complete trial, right of accused to speedy trial was affected – Bail was granted.
AIROnline 2024 Chh 452-ReversedAIR 1946 Privy Council 16-Followed

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(B) Criminal P.C. (2 of 1974) , S.225— Constitution of India , Art.21— Examination of witnesses – Duty of public prosecutor – While it is discretion of Public Prosecutor to determine which wi….