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MD. REFAJUDDIN ISLAM v. UNION OF INDIA

Supreme Court of India | Diary 36667/2024

Status

Order

Decided On

2024-12-20

Bench

HON'BLE MR. JUSTICE MANMOHAN, HON'BLE MR. JUSTICE M.M. SUNDRESH

Petitioner

MD. REFAJUDDIN ISLAM

Respondent

UNION OF INDIA

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Full Judgment Text

1

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 5588 /2024 [@ SLP [CRL.] NO. 14888/2024]

MD. REFAJUDDIN ISLAM & ANR. Appellant(s)

VERSUS

UNION OF INDIA Respondent(s)

O R D E R

Leave granted.

Heard learned counsel appearing for the

appellants.

Despite notice served, none appears for the

respondent.

A case was registered under Sections 20(b)(ii)

(C) and 29 of the Narcotic and Psychotropic

Substances Act, 1985.

We are inclined to set aside the impugned

judgment as the appellants have been in incarceration

for more than two and a half years. They have no

prior criminal antecedents. It also appears to us

that the trial is on-going and only two witnesses

have been examined out of the five witnesses.

In view of the above, we are inclined to set

aside the impugned order.

Accordingly, the impugned order is set aside and

the appellants are granted bail on terms and

conditions to the satisfaction of the Trial Court.

2

The appeal stands allowed accordingly.

...................J. [M.M. SUNDRESH]

...................J. [MANMOHAN]

NEW DELHI; DECEMBER 20, 2024.

3

ITEM NO.61 COURT NO.11 SECTION II-B

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 14888/2024

[Arising out of impugned fi...

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