Back
PARTHA SARATHI CHATTERJEE, TAPABRATA CHAKRABORTY
In re: Mantu Mahato – Appellant
Versus
. – Respondent
JUDGMENT :
Mr. Roy, learned advocate appearing for the petitioners submits that the petitioner nos.1 to 4 are languishing in custody for more than 12 years and the petitioner no.5 had already suffered incarceration for about 11 years 9 months. While rejecting the petitioners’ prayer for bail lastly on 30th March, 2016 the Court expressed its desire that examination of remaining 154 witnesses should be completed within a year and the learned trial court was directed to take all steps to conclude the trial as expeditiously as possible. In spite of such direction there was no substantive progress in the trial and as on date 68 witnesses are yet to be examined and as such, there is no possibility towards conclusion of the trial in the near future.
2. He submits that the petitioners had been roped in on the basis of suspicion and arrested immediately after the alleged offence. The petitioner no.2 was granted ad interim bail by the learned trial Court on 18th November, 2019 and he did not misuse his liberty. Investigation is complete and charges had been framed way back in the year 2012. The long pendency of the trial justifies the petitioners’ prayer for bail on the anvil of delay. There
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged incarceration without trial can justify the grant of bail, even for serious offenses.
Prolonged incarceration without trial is unconstitutional and violates the right to speedy trial under Article 21; balance must be maintained between personal liberty and societal interest.
Prolonged pre-trial detention can justify bail under Article 21, emphasizing individual liberty rights even amidst stringent statutory limits.
The entitlement of an under-trial prisoner to not be detained in jail custody for an indefinite period, as it violates Article 21 of the Constitution, and the importance of speedy trial.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged incarceration without trial is impermissible.
Prolonged detention without trial infringes the constitutional right to liberty and a speedy trial, necessitating bail for the accused.
Prolonged pre-trial detention violates the right to a speedy trial, necessitating bail when delays are not caused by the accused.
An accused's right to a speedy trial under Article 21 mandates that excessive delays in trial should not negate the possibility of bail under serious charges.
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
