Bringing you the Best Analytical Legal News
“The prosecution had examined only 27 witnesses by 11-8-2025 out of 170 witnesses cited by it. Thus, the possibility of concluding of the trial in the near future appeared remote while the accused had already served more than a decade in prison.”
The Special Judge had deprived the accused from their indefensible right to default bail as the orders granting extension to file the charge-sheet were passed in routine manner, without considering the provisions of Section 21(2)(b) of MCOCA in its true perspective and without enforcing the statutory duty of ‘application of mind’ by the Public Prosecutor.
Criminal Procedure Code, 1973 — S. 482 — Inherent power of High Court r/w Art. 226 of the Constitution — Quashment of