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Madras High Court· 07 September 2026

Is the length of incarceration one factor only, with no minimum period serving as a yardstick for granting bail?

M.Mohammed Ali Jinnah v. Union of india Rep by its
CRL A.865/2025 · 2026:MHC:3757 · CRL A No. 865 of 2025
Coram: Justice Anita Sumanth · Justice Sunder Mohan
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Answer

The length of incarceration is one factor only and no minimum period is a yardstick for granting bail.

Yes. The length of incarceration is one factor only and no minimum period is a yardstick for granting bail. Setting out the periods served in the cases in which bail had been granted, the Court held that the length of the period served is one of the factors to decide the grant of bail. (¶48, 49)

Headnote

Unlawful Activities (Prevention) Act, 1967 — ss.19, 43D(5) — Indian Penal Code, 1860 — s.212 — Constitution of India — Art.21 — Bail — Harbouring — Unlawful Activities (Prevention) Act, 1967 — s.19 — Harbouring — Shelter and concealment of identity — Held: Knowingly enabling proclaimed offenders to stay, camouflaging their true identities and arranging their phone connections prima facie amounts to harbouring. (¶45) Unlawful Activities (Prevention) Act, 1967 — s.19 — Persons not named in the Schedule — Charge not premature — Held further: That the persons harboured are still under trial and are not named in the Schedule does not defeat the charge, since that would defeat the purpose of s.43D(5). (¶46, 47) Unlawful Activities (Prevention) Act, 1967 — s.43D(5) — Constitution of India — Art.21 — Bail — Three parameters pending reference — Held further: Pending the reference, bail rests on the role prima facie attributed, the period of incarceration and the tempo of trial, read with Art.21. (¶33) Unlawful Activities (Prevention) Act, 1967 — s.43D(5) — Length of incarceration — No minimum yardstick — Held further: The length of the period served is one factor only and no minimum period is a yardstick. Appeal dismissed. (¶49, 53)

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In the Court's own words
Paragraph 48Coming to the second point being, the period of incarceration, the appellant has been in custody since 14.11.2024, one year and nine months as on date. In the following cases where bail was granted at the intervention of the Courts, the period of incarceration suffered by those accused is, Mohamed Ibrahim, 7 months, Mohamed Hasan Kudhoos, 7 months, in S.Nijam Ali 5 years and 2 months, Rahman Sadiq for 3 years, Shafeer C, 1 year and 4 months, Najeeb, over 5 years, Javed Gulam Nabi Shaik, 4 years and Manish Sisodia, 17 months.
Paragraph 49Hence, the length of the period served is one of the factors to decide the grant of bail and, there is no minimum period to serve as a yardstick for application of the principles in Najeeb’s case.
Acts & Sections
s.19 Unlawful Activities (Prevention) Act, 1967s.43D(5) Unlawful Activities (Prevention) Act, 1967s.212 Indian Penal Code, 1860Art.21 Constitution of India

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Also decided in this judgment
Does enabling proclaimed offenders to stay and concealing their true identities amount to harbouring under Section 19 of the Unlawful Activities (Prevention) Act?Does Section 19 of the Unlawful Activities (Prevention) Act apply although the persons harboured are still under trial and are not named in the Schedule?Is a decision on bail under Section 43D(5) of the Unlawful Activities (Prevention) Act governed by the role prima facie attributed, the period of incarceration and the tempo of trial?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections