IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND N. JADHAV, J.
Divakar Bhairavnath Yadav – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
P. C . :
1. Heard Mr. Gurav, learned Advocate for Applicant and Mr.Pethe, learned APP for State.
2. Applicant - accused has filed the present Application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C.") in connection with Crime No. 23/2017 registered with MHB Police Station, Mumbai for the offences punishable under Sections 302, 452, 325,506(2) r/w 34 of the Indian Penal Code, 1860 (for short "IPC").
3. There are two accused in the present crime. Applicant is accused No.1 whereas accused No. 2 is a lady who was the acquaintance of the Applicant and was residing with him. Case of the prosecution is that on the intervening night between 19.01.2017 & 20.01.2017 at about 1.00 a.m., both accused persons went to the informant's house and banged the door. Since he did not open, they broke the door, entered into the house and had a fierce verbal altercation leading to scuffle wherein accused No. 2 held his hands and present Applicant i.e. accused No. 1 assaulted the victim with a weapon i.e. knife that he was carrying with him. First informant is wife of the victim. Applicant was arrested on 24.01.2017 and since then he is incarcerati
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 is fundamental under Article 21, and prolonged incarceration without trial necessitates bail, emphasizing that bail is the rule and jail is the exception.
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 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.
Prolonged incarceration without trial violates the right to speedy justice under Article 21, necessitating bail despite the gravity of the charges.
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 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.
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.
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