Supreme Court of India
Hussain and Anr. v. Union of Lndia
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the above, we do consider it necessary to direct that steps be taken forthwith by all concerned to effectuate the mandate of the fundamental right under Article 21 especially with regard to persons in custody in view of the directions already issued by this Court.
Judgment, page 16
From the headnote
Bail - Denial of bail pending trial/appeal where accused/ convict in custody for long period - Two set of cases - In first case, appellants were in custody on allegation of an offence u/s.21 (c) of the NDPS Act and in second case, appellant was in custody as convicted u/s.302, !PC and appeal was pending in High Court - Plea of appellants that they were entitled to bail as speedy trial is their fundamental right u!Art. 21 - Held: It is settled in various decisions of the Supreme Court that if appeal is not heard for 5 years, excluding the delay for which accused himself is responsible, bail
Authorities it was built on
- 1991 Abdul Rehman Antulay Etc. Etc. v. R.S. Nayak and Anr. Etc. Etc.
- 1979 Hussainara Khatoon & Ors. v. Home Secretary, State of Bihar, Patna
- 1994 Supreme Court Legal Aid Committee Representing Undertrial Prisoners v. Union of India and Ors.
- 2016 Anita Kushwaha v. Pushap Sudan
- 2002 Ex. Capt. Harish Uppal v. Union of India and Anr.
- 2012 Imtiyaz Ahmad v. State of Uttar Pradesh & Ors.
- 2016 Re- Inhuman Conditions in 1382 Prisons (ji) v..
- 2005 Surinder Singh @ Shingara Singh v. State of Punjab
- 2001 Akhtaribi v. State of M.P.
- 2013 Noor Mohammed v. Jethanand and Another
- 2013 Thana Singh v. Central Bureau of Narcotics
Where later benches applied it
- 2021 Union of India v. K. A. Najeeb
- 2022 Satender Kumar Antil v. Central Bureau of Investigation & Anr.
Of those, 1 relied on · 1 referred to
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