JAHIR HAK versus THE STATE OF RAJASTHAN

JAHIR HAK versus THE STATE OF RAJASTHAN

Having regard to the nature of offences charged under the UAPA, the evidence adduced so far, the fact that only six of approximately 109 prosecution witnesses have been fully examined, and that the appellant has been in custody for nearly eight years with no early completion of trial in prospect, the balance of justice required that the appellant be released on bail; Section 43D(5) UAPA is not as stringent as the NDPS provision relied upon by the State and prolonged incarceration may justify enlargement on bail subject to conditions to be fixed by the trial court.

Parties
Appellant: Jahir Hak; Respondent: The State of Rajasthan
Jurisdiction
India
Judgment Date
11 April 2022
Procedural Posture
Criminal Appeal / Bail Application Under Section 439 Cr Pc; Appeal Against High Court Order Rejecting Bail
Outcome
Appeal allowed; impugned High Court order rejecting bail set aside; appellant to be released on bail subject to conditions to be fixed by the trial court.
Legal Topics
Bail Under Section 439 Cr PC, Undertrial Incarceration, Section 43 D(5) UAPA, Speedy Trial
Criminal Law Unlawful Activities (prevention) Act Matters Procedural Law Bail Under Section 439 Cr PC Undertrial Incarceration Section 43 D(5) UAPA Speedy Trial

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Parties

Jahir Hak

Appellant

The State of Rajasthan

Respondent

Procedural Posture

Criminal Appeal / Bail Application Under Section 439 Cr Pc; Appeal Against High Court Order Rejecting Bail

Legal Issues

  1. 1 Whether the appellant should be granted bail under Section 439 CrPC given prolonged undertrial incarceration and slow progress of trial
  2. 2 How Section 43D(5) of the UAPA bears on grant of bail and its comparative stringency with NDPS Act provisions
  3. 3 Whether protection of witnesses and seriousness of offences outweighs prolonged custody and incomplete evidence

Ratio Decidendi

Having regard to the nature of offences charged under the UAPA, the evidence adduced so far, the fact that only six of approximately 109 prosecution witnesses have been fully examined, and that the appellant has been in custody for nearly eight years with no early completion of trial in prospect, the balance of justice required that the appellant be released on bail; Section 43D(5) UAPA is not as stringent as the NDPS provision relied upon by the State and prolonged incarceration may justify enlargement on bail subject to conditions to be fixed by the trial court.

Court Disposition

Appeal allowed; impugned High Court order rejecting bail set aside; appellant to be released on bail subject to conditions to be fixed by the trial court.

Orders

  • Impugned order rejecting bail set aside
  • Appellant to be released on bail subject to such conditions as shall be fixed by the trial court