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HIGH COURT OF BOMBAY
MILIND N. JADHAV, J
SANTOSH PRALHAD WAGHMARE – Appellant
Versus
STATE OF MAHARASHTRA – Respondent
| Table of Content |
|---|
| 1. applicant arrested on 26.03.2017 (Para 2 , 3 , 4 , 5) |
| 2. grounds for bail application (Para 6 , 7 , 8 , 9) |
| 3. long incarceration and trial delay (Para 10) |
| 4. bail is the rule (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 5. bail granted with conditions (Para 23 , 24 , 25) |
JUDGEMENT. :
1. Heard Mr. Deshmukh, learned Advocate for Applicant and Mr. Karmakar, learned APP for Respondent – The State of Maharashtra.
3. Applicant is arrested on 26.03.2017. Bail Applications filed by Applicant previously have been rejected. Initially Applicant has filed Bail Application through jail to Court which has remained pending on the docket of this Court for past one year. Subsequently, since said Bail Application was not heard, Applicant has appointed Mr. Deshmukh to represent and espouse his cause in place of appointed Advocate.
5. Mr. Deshmukh has now been appointed by Applicant to espouse his cause. It is seen that incident occurred on 26.03.2017 between 08:30 a.m and 09:30 a.m in the morning. Applicant before me was acquainted with the victim as both of them were friends. At around 08:30 a.m. he approached the aforesaid victim at his house and called out for him fr
The court emphasized that bail is the rule and jail is the exception, particularly in cases of long incarceration without trial, invoking the right to speedy justice under Article 21.
The right to speedy trial is fundamental under Article 21, and prolonged incarceration without trial necessitates bail, emphasizing that bail is the rule and jail is the exception.
Prolonged pre-trial detention violates the fundamental right to a speedy trial under Article 21, necessitating bail for the accused.
Prolonged incarceration without trial violates the right to speedy trial under Article 21, warranting bail as the rule and refusal as the exception.
The right to speedy trial under Article 21 of the Constitution is fundamental, and bail is the rule while jail is the exception, especially when trial has not commenced for an extended period.
The court emphasized that bail is the rule and jail is the exception, particularly for under-trials with prolonged incarceration, highlighting the right to a speedy trial under Article 21.
The court emphasizes that prolonged incarceration violates the right to a speedy trial under Article 21, establishing that bail is the rule and jail is the exception.
The principle that bail is the rule and jail is the exception is reinforced, emphasizing the right to a speedy trial and the presumption of innocence.
The right to a speedy trial is fundamental, and prolonged detention without trial is unjustifiable, especially in the absence of compelling evidence against the accused.
The principle that bail is the rule and jail is the exception is reinforced, emphasizing the right to a speedy trial and personal liberty under Article 21 of the Constitution.
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