Criminal Procedure Code, 1973
Section 439—Bail—UAPA Case—Allegations against appellant that he is an active member of the PFI, which according to the prosecution is an organization committed to bring about Islamic rule in India—Appellant has undergone custody for more than two years and four months and trial is not likely to complete soon—Appellant cannot be allowed to languish in jail indefinitely and that too without a trial—If such an approach is allowed Article 21 of the Constitution of India would stand violated—Co-accused of the appellant has been on similar grounds granted the same benefits—Appellant ordered to be enlarged on bail—Appeal allowed.
[Para 32]