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SAMEER JAIN
Ramlal – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
(Sameer Jain, J.)
The instant criminal appeal has been filed on behalf of the accused-appellant under Section 14A of the SC/ST (Prevention Of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No. 65/2017 filed at Police Station Gandhi Nagar District Ajmer for the offences under Sections 302, 380, 449, 457, 450 of IPC and Sections 3(2)(V) of the SC/ST (Prevention Of Atrocities) Act.
2. The primary ground raised, in support of the instant appeal, pertains to the duration of custody of the accused-appellant and the delayed trial in connection therewith. In this regard, it is averred by the learned counsel for the accused-appellant that the accused-appellant has been in judicial custody since a period of 6 years and 9 months. Moreover, out of the 19 witnesses to be examined, only 5 are yet to tender their statements before the Court. In this regard, it was also averred that even though the trial is on the verge of completion, since the past one year, no witnesses have been examined and the trial is moving at a snail's pace. In support of the contentions raised herein-above qua the prolonged judicial custody and the right of the accused-appe
The right to a speedy trial under Article 21 is fundamental, and prolonged custody without trial violates this right.
Prolonged custody without trial completion justifies granting bail, emphasizing the presumption of innocence.
Prolonged incarceration without trial violates the right to personal liberty under Article 21, warranting bail when trial delays are significant.
Prolonged pre-trial detention over 6 years does not warrant bail in serious murder case under atrocity laws if trial has examined witnesses; instead, direct expeditious conclusion within 6 months.
Prolonged pre-trial detention can justify bail under Article 21, emphasizing individual liberty rights even amidst stringent statutory limits.
The right to a speedy trial under Article 21 is fundamental, and prolonged custody without trial can justify bail, especially when prosecution fails to produce witnesses.
Condonation of delay is justified where the right to a speedy trial is at stake, and circumstances merit consideration despite prior participation in trial.
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