HUSSAIN AND ANOTHER Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted. Grievance in these appeals is against denial of bail pending trial/appeal where appellants have been in custody for a long period.

(2.) In the first case, the appellants have been in the custody since 4th Aug., 2013 on the allegation of having committed offence under Sec. 21(c) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (the NDPS Act). Their bail application, pending trial, has been dismissed. In the second case, the appellant is in custody since 11th Jan., 2009. He has been convicted by the trial court under Sec. 302 Penal Code and sentenced to undergo life imprisonment. His bail application has been dismissed by the High Court pending appeal. The appellants contend that, having regard to the long period of custody, they are entitled to bail as speedy trial is their fundamental right under Art. 21 of the Constitution.

(3.) To consider the question as to the circumstances in which bail can be granted on the ground of delayed proceedings when a person is in custody, notice was also issued to learned Attorney General and Mr. Siddharth Luthra, Senior Advocate was appointed Amicus Curiae.