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SARANG V. KOTWAL
Vipul Amrutlal Patel s/o. Amrutlal Patel – Appellant
Versus
State of Maharashtra – Respondent
ORDER :
Sarang V. Kotwal, J.
1. The Applicant is seeking his release on bail in connection with C.R.No.39 of 2018 registered with Nani Daman police station which has resulted in Sessions Case No.16 of 2018. The applicant is the accused No.12. He was arrested on 20.01.2020 and since then he is in custody. The investigation in this case is over and the charge-sheet, as well as, the supplementary charge-sheets are filed in this case. The sessions case has already commenced and as of today, the third prosecution witness is being examined by the prosecution. As per the chart given by the prosecution, they intend to examine minimum 70 witnesses on different aspects. They are the eye witnesses, pancha witnesses, the witnesses from the families of the deceased, the police witnesses, the expert witnesses, the medical officers, the telephone service providers’ officers and the investigating officers. In short, the trial is not likely to get over within a reasonable near future.
2. The prosecution case is reflected in the Affidavit in reply filed on behalf of the Respondent No.1 in this application. The case pertains to the murder of Ajay Patel and Dhirendra Patel. On 01.04.2018, Ajay and Dhiren
The right to a speedy trial under Article 21 of the Constitution is fundamental, and undue delay in proceedings can justify bail even in serious offenses.
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.
The court determined that prolonged detention does not automatically entitle an accused to bail when substantial evidence of guilt exists, underscoring the rights to a speedy trial within serious cri....
The court ruled that the applicant, as the prime accused in serious offences, cannot be granted bail due to the risk of trial tampering and his history of absconding, despite delays in the trial proc....
The court upheld the trial court's decision to frame charges based on sufficient circumstantial evidence and confessions, emphasizing the admissibility of evidence under the Evidence Act.
The court emphasized the need to balance the individual's right to personal freedom with the right of police investigation, and considered the delay in trial, lack of prima facie evidence, and absenc....
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
The main legal point established in the judgment is that the grant of bail was influenced by the lack of specific allegations, absence of corroborative evidence, and inconclusive electronic evidence ....
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