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GUJCTOC accused gets bail: Prolonged incarceration without trial amounts to ‘pre-trial conviction’, says Gujarat HC

The Indian Express·Aditi Raja·22 days ago
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Justice HD Suthar, in his order, invoked the "constitutional promise of personal liberty", provided under Article 21. (File Photo) Holding that prolonged incarceration without trial amounted to nothing less than “pre-trial conviction”, the Gujarat High Court has granted regular bail to a man accused of bootlegging and charged under the provisions of the Gujarat Control of Terrorism and Organised Crimes (GUJCTOC) Act—a law to act against members of an organised crime syndicate. Justice HD Suthar, in his order, invoked the “constitutional promise of personal liberty”, provided under Article 21, and stated that the Supreme Court had “consistently held that the trials under the special law are unduly delayed” and the rigors of stringent bail provisions of the GUJCTOC Act must “yield” to the right to liberty.…

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