Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HON'BLE SHRI JUSTICE MADHAV J. JAMDAR
Nitesh Raghunath Lahange – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
MADHAV J. JAMDAR, J.
1. Heard Mr. Kanchanpurkar, learned Counsel for the Applicant and Ms. Bhosale, learned APP for the Respondent – State.
2. This is a second Bail Application. The first Bail Application bearing Criminal Bail Application No. 56 of 2024 had been allowed to be withdrawn with liberty to file a fresh Application after a reasonable period in case there is no substantial progress in the trial. The said order has been passed on 8th January 2024. The present Bail Application has been filed on 18th November 2024.
3. The relevant details are as under :-
| 1 | C. R. No. | I-105 of 2022 |
| 2 | Date of registration of F.I.R. | 07.03.2022 |
| 3 | Name of Police Station | Boisar Police Station, District- Palghar |
| 4 | Section/s invoked | Section 376(D), 366, 506 r/w 34 of the I.P.C. 1860 |
| 5 | Date of incident | 07.03.2022 |
| 6 | Date of arrest | 07.03.2022 |
| 7 | Date of filing Charge-sheet | 11.05.2022 |
4.It is the submission of Mr. Kanchanpurkar, learned Counsel appearing for the Applicant that although the Applicant is incarcerated for about 3 years, there is no progress in the trial. He submits that therefore as there is violation of the fundamental right of the Applicant of speedy trial the Applicant be released on bail.
5. Mr. Kanchan
The right to a speedy trial is fundamental, but serious charges and evidence against the accused can justify the denial of bail.
The right to a speedy trial is fundamental, but the seriousness of the charges and evidence against the accused must also be considered in bail applications.
Serious allegations of gang rape against minors necessitate denial of bail, emphasizing prima facie evidence of active involvement and potential witness tampering, aligning with the parameters set fo....
The right to a speedy trial is fundamental, and indefinite detention without trial violates constitutional guarantees, necessitating bail for accused-petitioners.
The right to a speedy trial is fundamental, and indefinite incarceration without trial violates Article 21 of the Constitution.
The right to speedy trial under Article 21 can justify bail due to inordinate delays, despite the serious nature of criminal charges.
Indefinite incarceration without trial violates the right to a speedy trial and the presumption of innocence, necessitating bail under Section 439 CrPC.
The right to a speedy trial is fundamental, and indefinite detention without trial violates constitutional guarantees, warranting bail.
The right to a speedy trial is fundamental; prolonged detention without trial violates the accused's rights, warranting bail.
The right to a speedy trial is fundamental under Article 21, and prolonged incarceration without trial violates this right, warranting the grant of bail.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
