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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.VISHWAJITH SHETTY
Mohammed Nadeem @ Nadeem S/o Late Mohammed Fakurudin – Appellant
Versus
State of Karnataka – Respondent
| Table of Content |
|---|
| 1. facts surrounding the case and the bail application's context. (Para 1 , 3 , 4 , 5 , 7 , 8) |
| 2. arguments presented by both parties regarding the bail application. (Para 2 , 6) |
| 3. court's considerations on witness availability and trial delay. (Para 9 , 10) |
| 4. stressing the right to a speedy trial under article 21. (Para 11) |
ORDER :
1. Accused Nos.1 and 2 in S.C.No.146/2023 pending before the Court of XXVIII Additional City Civil and Sessions Judge, Mayohall, Bengaluru, arising out of Crime No.284/2022 registered by Pulakeshinagar Police Station, Bengaluru City, for offences punishable under Sections 397 , 394, 342, 506 read with Section 34 of IPC are before this Court in this successive bail application filed under Section 439 of Cr.PC seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.284/2022 was registered by Pulakeshinagar Police Station, Bengaluru City, for the aforesaid offences against unknown persons, based on the first information dated 16.09.2022 received from Sam s/o Biju.
4. During the course of investigation of the case, petitioners herein were arrested on 28.09.2022 and subsequently remanded to judicial custody. After com
The right to a speedy trial under Article 21 of the Constitution necessitates granting bail when the prosecution's progress is insufficient, even for serious offenses.
The right to a speedy trial under Article 21 necessitates granting bail when material witnesses have been examined, irrespective of the seriousness of the crime.
An accused's right to a speedy trial enhances their entitlement to bail when trial proceedings are excessively delayed, irrespective of the gravity of the offences charged.
The right to a speedy trial under Article 21 necessitates granting bail if prolonged detention occurs without substantive progress in proceedings.
The court emphasized the right to a speedy trial under Article 21, stating that prolonged detention without trial can justify grant of bail even for serious offences.
The right to a speedy trial under Article 21 of the Constitution is paramount, and prolonged custody without trial can warrant the granting of bail.
The right to a speedy trial is a fundamental right under Article 21, ensuring personal liberty and just legal processes, which must be upheld during bail considerations.
The right to a speedy trial is fundamental, and indefinite detention without trial violates constitutional guarantees, warranting bail.
The right to a speedy trial under Article 21 is fundamental, and prolonged custody without trial can justify bail, especially when prosecution fails to produce witnesses.
Successive bail in serious offences granted on material change like trial delay and co-accused releases, upholding speedy trial right under Article 21 despite prior rejection.
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