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THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
HON'BLE SMT. JUSTICE URMILA SACHIN JOSHI- PHALKE
Badal S/o Dhanraj Madke – Appellant
Versus
The State Of Mah., Thr.pso, Kalamna Police Station, Nagpur – Respondent
JUDGMENT :
URMILA JOSHI-PHALKE, J.
1. Heard.
2. The present application is filed by the applicant for grant of bail under Section 483 of the BNSS (under Section 439 of the Code of Criminal Procedure) in respect of Crime No.639/2022 registered at Police Station Kalamna, Nagpur for the offences punishable under Sections 363, 369, 370, and 120-B read with 34 of the Indian Penal Code and under Sections 75, 81, and 84 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
3. The applicant came to be arrested on 11.11.2022.
4. The crime is registered on the basis of a report lodged by one Rajkumari Raju Nishad alleging that on 10.11.2022 co-accused Yogendra Prajapati came to her house and took her eight months’ old child in the shop behind her house to purchase something for the child and not returned back. Thereafter, she searched for said Yogendra Prajapati. However, he along with his wife were absconding along with her child. As she could not find her child, she approached the police and lodged the report. During investigation, it revealed that co-accused Yogendra Prajapati has handed over the said child to one accused Farzana @ Anjum Ansar Qureshi and obtained consideration
The right to a speedy trial is fundamental under Article 21, and trials should not be delayed indefinitely, even in cases involving serious charges like human trafficking.
The right to a speedy trial under Article 21 is fundamental, and trials under the MCOC Act must not delay other proceedings unless necessary.
The right to speedy trial under Article 21 can justify bail due to inordinate delays, despite the serious nature of criminal charges.
Bail – Section 436-A of Cr.P.C. does not exclude offences under NDPS Act – Deprivation of personal liberty without ensuring speedy trial is not consistent with Article 21.
The right to a speedy trial under Article 21 of the Constitution is fundamental; prolonged detention without trial justifies bail, regardless of the seriousness of the charges.
The court ruled that the applicant's involvement in organized crime and conspiracy to commit murder, supported by substantial evidence, justified the rejection of bail under the MCOC Act.
Constitutional Courts must grant bail to under-trials facing prolonged incarceration, recognizing their right to a speedy trial under Article 21.
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