Prolonged incarceration and speedy trial rights can override special bail restrictions where continued detention becomes unduly long.

Prolonged pre-trial incarceration and inordinate trial delay justified constitutional bail relief despite restrictions under the Maharashtra Control of Organised Crime Act, 1999. The undertrial had remained in custody for more than 11 years and 6 months, while the trial had advanced slowly and many witnesses were still to be examined. The Court treated the right to speedy trial as part of Article 21 and held that the special statutory bar on bail was not absolute where continued detention had become unduly long and early completion of trial was uncertain. It also noted the absence of material suggesting absconding or tampering with evidence, and bail was therefore warranted.

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Issues: Whether prolonged custody and inordinate delay in the trial justified grant of bail despite the restrictions under the Maharashtra Control of Organised Crime Act, 1999.

Analysis: The applicant had remained in custody for more than 11 years and 6 months, while the trial had progressed very slowly and only a limited number of witnesses had been examined, with many still to be examined. The right to speedy trial was treated as an integral part of Article 21 of the Constitution of India. The restriction on bail under the special statute was held not to be an absolute bar where continued incarceration had become unduly long and the possibility of early completion of trial was uncertain. The Court balanced the seriousness of the with the constitutional guarantee of personal liberty and noted the absence of material showing that the applicant would abscond or tamper with evidence.

Conclusion: Bail was warranted on the ground of prolonged incarceration and violation of the right to speedy trial, notwithstanding the special statutory restrictions.

Ratio Decidendi: Statutory restrictions on bail under a special enactment do not defeat constitutional relief where an undertrial has suffered prolonged incarceration and the trial is unlikely to conclude within a reasonable time, because Article 21 protects the right to speedy trial and personal liberty.

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