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.

JUDGEMENT. :

[MILIND N. JADHAV, J.]

1. Heard Mr. Deshmukh, learned Advocate for Applicant and Mr. Karmakar, learned APP for Respondent – The State of Maharashtra.

2. This is an Application under Section 439 of Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) seeking Bail in connection with C.R. No.76 of 2017 registered with Hill Line Police Station for offences punishable under Sections 302 and 201 of Indian Penal Code, 1860 (for short ‘IPC’) and 37(1), 135 of Bombay Police Act, 1951.

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.

4. There is one message which I want to send across to the appointed Advocates in such matters. Once they are appointed in such matters, it is the duty of appointed Advocates through legal aid, to move the Court and apprise the Court of the Application especially in such long incarceration cases of Accused – under-trial in jail. It is the duty of the appointed Advocate to do so. That is the precise reason as to why appointed Advocates get appointed through the Legal Aid Committee to represent and espouse the cause of under-trials who are languishing in jail for a long time. Nevertheless it is seen that there is an appointment order of the 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 from outside upon which victim came out of the house and went alongwith him as Applicant wanted to discuss certain things with the victim as per prosecution case and as stated in the First Information Report (for short ‘FIR’) by the First Informant who is the wife of the victim. The prosecution case is based on circumstantial evidence on the basis of last seen theory. Thereafter at about 09:30 a.m. one local person called Sonu Dada came to the First Informant and informed her that there was a quarrel which ensued between Applicant and victim while they were walking on the road and that quarrel went on for some time and the victim was lying injured with injuries with wounds inflicted on him on the road. The victim was rushed to the hospital by the First Informant and other neighbours / passers-by and he succumbed to his injuries on the same day. The post-mortem report states that the injured victim suffered one serious wound due to the stab in the chest of the victim by a sharp weapon which was a knife recovered by the prosecution. The other injuries appears to be contused lacerated wounds and abrasions as can be seen from the post-mortem report appended at page No.74 of the charge- sheet compilation which has been placed before the Court by Mr. Deshmukh.

6. Application for regular bail is pressed by Mr. Deshmukh on the ground of long incarceration of Applicant and facet of speedy trial and liberty of Applicant especially in the wake of the trial not having been commenced and no probability of trial been completed in the foreseeable future. It is an appropriate ground which deserves consideration, considering the long incarceration of Applicant. Needless to state that trial will ultimately determine complicity of Applicant since indictment is on the basis of last seen theory which is purely circumstantial in nature.

7. Applicant was 27 years old at the time of incident. His Application addressed to the Court through jail which is subject matter of present Bail Application states that he has never been produced in Court for more than three years. This is a