S.S.SANDHAWALIA, J.

1. This judgment is now a part of the triology, beginning with the Division Bench case of the State of Bihar V/s. Ram Daras Ahir, 1985 Cri LJ 584 : 1984 BBCJ (HC) 749, and expanded in the subsequent Full Bench decision in State of Bihar V/s. Maksudan Singh, AIR 1986 Pat 38. It is, perhaps, illustrative of the poets hope of "freedom slowly broadening down from precedent to precedent." The significant issues, which necessitated this reference to the Full Bench in this set of two connected cases, may, perhaps, be precisely formulated as under :-

(1) Whether the fundamental right to a speedy public trial enshrined in Art. 21 of the Constitution by precedential mandate is confined only capital offences or is attracted to all offences generically?

(2) Whether the aforesaid right to a speedy trial is applicable only to the proceedings in Court stricto sensu or includes within its sweep the preceding Police investigations as well?

(3) Is a speedy trial equally mandated by both the letter and spirit of the Code of Criminal Procedure, 1973?

(4) Whether the ratios in Ramdaras Ahirs case (1985 Cri LJ 584) (Pat) (supra) and in Maksudan Singhs case (AIR 1986 Pat 38) (