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M. S. KARNIK
Mahesh Rajaram Kadam – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
1. Heard learned counsel for the applicants and learned APP for the State.
2. These are the applications for bail in respect of the offence punishable under Ss. 302, 341, 506, 212, 201, 120-B read with 34 of the Indian Penal Code (hereafter 'IPC' for short) registered vide First Information Report (FIR) No.326/2016 with Akluj Police Station.
3. These applications are strenuously objected by learned APP and learned counsel appearing on behalf of the respondent no.2-complainant.
4. It is alleged that the applicants assaulted the victim and the complainant with an axe and a knife and ran away from the spot of incident. The incident is dated July 30, 2016. There are as many as 21 injuries on the person of the deceased as the post-mortem report indicates. The offence is undoubtedly serious in nature. It is pertinent to mention that the applicants are now in custody for more than six and a half years. It is submitted that the trial proceeded and as many as 14 witnesses came to be examined. Even the statement under Sec. 313 of the Code of Criminal Procedure (hereafter 'Cr.P.C.' for short) was recorded by the trial Court. It is thereupon that the prosecution filed the applicatio
The right to a speedy trial is a fundamental principle that can influence the granting of bail, particularly in cases of prolonged detention without trial.
Grant of Bail - Right of under trial enshrined under Article 21 of the Constitution of India may be considered and protected inasmuch as they should not be compelled to serve maximum punishing.
Prolonged pre-trial detention without prior criminal history can be a significant factor in granting bail, provided that conditions are imposed to safeguard the integrity of the trial.
The court emphasized the importance of concluding trials within a reasonable period and the obligation of official witnesses to appear before the court, highlighting the potential consequences for fa....
The severity of the charges and the prima facie satisfaction of the court in support of the charge are crucial in deciding bail applications in serious offences.
Prolonged incarceration of undertrials due to trial delays violates Article 21 right to speedy trial, entitling bail after over 2.5 years custody with minimal trial progress and no tampering risk.
Section 309 Cr.P.C. provides power to postpone or adjourn proceedings.
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