Parmod KumarNew Delhi, May 18 -- Holding that bail remains the rule and jail the exception even in cases under the stringent Unlawful Activities (Prevention) Act (UAPA), the Supreme Court on Monday expressed strong reservations over its January 5, 2026 judgment denying bail to Delhi riots accused Umar Khalid and Sharjeel Imam, observing that the view taken therein appeared contrary to the law laid down by a three-judge Bench in the February 1, 2021 judgment in the K.A. Najeeb case.
The 2021 Najeeb judgment had held that where an accused has undergone prolonged incarceration and there is little likelihood of an early conclusion of trial, constitutional courts are obliged to consider grant of bail notwithstanding the rigours of Section 43-D(...