Prosecuting Agency Shouldn’t Oppose Bail On the Ground of Seriousness Of Offence, If They Can’t E…

Prosecuting Agency Shouldn’t Oppose Bail On the Ground of Seriousness Of Offence, If They Can’t Ensure Speedy Trial: Supreme Court.

New Delhi, July 3, 2024 – In a landmark decision, the Supreme Court of India ruled that prosecuting agencies should not oppose bail on the seriousness of the offence if they cannot ensure a speedy trial. The decision was rendered in the case of Javed Gulam Nabi Shaikh vs. State of Maharashtra & Anr., Criminal Appeal No. 2787 of 2024, by a bench comprising Hon’ble Mr. Justice J.B. Pardiwala and Hon’ble Mr. Justice Ujjal Bhuyan.

The appellant, Javed Gulam Nabi Shaikh, had been in custody for over four years without the trial progressing to the framing of charges. He was apprehended by Mumbai Police on February 9, 2020, at Chhatrapati Shivaji Maharaj International Airport with 1,193 counterfeit Indian currency notes of the denomination of Rs 2,000. Following his arrest, the National Investigation Agency (NIA) took over the investigation, and a case was registered under multiple sections of the Indian Penal Code and the Unlawful Activities (Prevention) Act, 1967 (UAPA).