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2024 (5) TMI 1523

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.... For the Petitioner : Mr. Amit Sibal, Sr. Adv., Ms. Neeha Nagpal, Adv., Mr. Malak Manish Bhatt, AOR, Mr. Vishvendra Tomar, Adv., Mr. Nikunj Mahajan, Adv., Mr. Rishabh Sharma, Adv., Mr. Darpan Sachdeva, Adv. For the Respondent : Mr. S.V. Raju, A.S.G., Mr. Mukesh Kumar Maroria, AOR, Mr. Zoheb Hussain, Adv., Mr. Annam Venkatesh, Adv., Mr. Arkaj Kumar, Adv., Mr. Siddharth Dharmadhikari, Adv., Mr....

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....r written submissions and, thus, submitted that in a limited situation right of bail can be granted in case of violation of Article 21 of the Constitution. Further, it is to be noted that the Section 436A of the 1973 Code was inserted after the enactment of the 2002 Act. Thus, it would not be appropriate to deny the relief of Section 436A of the 1973 Code which is a wholesome provision beneficial ....

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....deny the relief owing to the ground such as where the trial was delayed at the instance of the accused. As stated earlier, here there is no occasion for the appellant to cause the delay in trial, as even charge has not been framed. Moreover, there is no other circumstance brought on record which will compel us to deny the benefit of Section 436A of the CRPC to the appellant. 4. The learned Addi....