AHSANUDDIN AMANULLAH, VINOD KUMAR SINHA
Aman Kumar Son of Kusheshwar Mahto – Appellant
Versus
State of Bihar – Respondent
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:-
Abdul Rehman Antulay v. R.S. Nayak (1992) 1 SCC 225 : 1992 SCC (Cri) 93
P. Ramachandra Rao v. State of Karnataka (2002) 4 SCC 578 : 2002 SCC (Cri) 830
Pankaj Kumar v. State of Maharashtra and Others
Allaudin Sah & Anr. Vs State of West Bengal reported in (2000) 1 CALLT 234 HC
Danfel youth v. The King. AIR 1945 PC 140
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