Grants bail to accused in Narcotics Case, emphasizes speedy trials and risks of Incarceration
Summary of the Judgment
In this case the Supreme Court of India directed the appellant to be enlarged on bail, subject to such conditions as the trial court may impose. The appeal was allowed in the above terms, with no costs.
The court considered the deleterious effects of incarceration, particularly on those belonging to the weakest economic strata, such as immediate loss of livelihood, scattering of families, loss of family bonds, and alienation from society. They noted that imprisonment can also lead to the prisoner turning to crime, as "crime not only turns admirable, but the more professional the crime, more honour is paid to the criminal."
The court emphasized the need for sensitivity to these aspects and speedy trials, especially in cases where special laws enact stringent provisions. They also recognized that in the event of an acquittal, the loss to the accused is irreparable.
The decision was based on Section 436A of the Criminal Procedure Code, which provides for the release of a person who has undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offense, on their personal bond with or without sureties. The court considered the counter-affidavit filed by the respondent-state, which argued against the appellant's release on bail.
Overall, the Supreme Court of India found that the appellant was entitled to be enlarged on bail under Section 436A of the Criminal Procedure Code, subject to such conditions as the trial court may impose. The court considered the various orders and judgments cited in the case, and ultimately allowed the appeal.
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