M. S. KARNIK
Santosh Pannalal Chattar – Appellant
Versus
State – Respondent
JUDGMENT/ORDER
1. Heard learned Counsel for the applicant and the learned Public Prosecutor for the respondent-State.
2. This is an application for bail. The applicant is charged for the offences punishable under sec. 302 of the Indian Penal Code (IPC, for short). The crime has been registered vide FIR no. 137/2017 with the Calangute Police Staiton. The applicant was arrested on 21/7/2017 and is now in custody as under trial prisoner for more than six years.
3. The allegation is that the applicant and his friends were drinking alcohol on the beach and as a result of some altercation that followed, it is alleged that the applicant assaulted the victim and stabbed him seven times. Learned Additional Public Prosecutor submitted that it is the applicant himself who went to the police station and handed over the weapon used for stabbing the victim. It is further submitted by learned Additional Public Prosecutor that there are eye witnesses to the incident. According to the learned Additional Public Prosecutor, the number of injuries caused by the applicant are sufficient to deny the facility of bail to the applicant considering the gravity of the offence. Learned Additional Public Prosecut
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 may grant bail to an accused considering the length of time in custody and the progress of the case.
The presumption of innocence and the right to bail are fundamental principles in criminal law, which can only be overridden by compelling reasons, such as the risk of flight or tampering with evidenc....
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.
The court established that prolonged detention without trial, alongside the nature of the injuries and the status of co-accused, can justify the granting of bail, reinforcing the presumption of innoc....
Court grants bail under BNSS, asserting no justification for continued detention.
The principle of parity in bail applications allows for similar treatment of accused individuals in comparable circumstances, provided that appropriate safeguards are in place to protect the integrit....
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