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2020 Supreme(Pat) 349

AHSANUDDIN AMANULLAH, VINOD KUMAR SINHA
Aman Kumar Son of Kusheshwar Mahto – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant : Mr. Shiv Shankar Sharma, Adv., Mr.Pravin Kumar Sinha, Adv. Amicus Curiae : Mr. Kanhaiya Prasad Singh, Sr. Adv., Mr. Ajay Kumar Thakur, Adv.
For the Respondent: Mr. Anjani Kumar, AAG –IV, Mr.Sri Shyed Ashfaque Ahmad, APP.

JUDGMENT :

VINOD KUMAR SINHA, J.

Judicial system in India has to face two adage one is justice delayed is justice denied and another is justice hurried is justice buried. However, in spite of above two adage, one thing remains i.e. to provide timely justice, which is an essence of rule of law and appreciating the same, clause 40 of Magna Carta provided “To no one will we sell, to no one deny or delay right or justice.” Speedy justice was also mandate and there are catena of judgments of Hon’ble Apex Court of India, which holds it to be a fundamental right to life guaranteed under Article 21 of Constitution of India.

2. However, what happens, the then, Hon’ble Chief Justice of this High Court, while considering the bail application of a person alleged to be of an accused for the offence under Section 304(B) of the Indian Penal Code, came across certain disturbing situation, which was prevalent in the State and as such passed the following order in Criminal Miscellaneous No.39878 of 2014:-

    One of the contentions advanced by the learned counsel for the petitioners is that the case against the petitioners was split up, and in S.T. No. 124 of 2015 pending in the court of Additional District

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