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SANDEEP SHARMA
Ajay Grover – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Sandeep Sharma, J.
Bail petitioner namely Ajay Grover, who is behind the bars since 26.1.2022, has approached this court in the instant proceedings filed under Section 439 Cr.PC, for grant of regular bail, in case FIR No. 15/2022 dated 19.1.2022, registered at Police Station Sundernagar, District Mandi, Himachal Pradesh, under Sections 304, 308, 328, 420, 468, 471, 201, 109 and 120-B of IPC and Sections 39, 40 and 41 of the HP Excise Act.
2. Pursuant to order dated 21.11.2022, respondent-state has filed the status report. ASI Dev Raj, PS Sundernagar, has also come present with the records. Records perused and returned.
3. Close scrutiny of record/status report reveals that on 19.1.2022 at 2:30 pm, Police Station Balh, after having received telephonic information from the Ner Chawk hospital that few persons after having consumed spurious country made liquor have fallen ill, visited the Hospital at Ner Chowk and recorded the statement of complainant Sohan Singh i.e. brother of deceased Lal Singh under Section 154 CPC, who alleged that on 17.1.2022 at 7:00AM, his deceased brother had gone to Slappar driving tipper, but on 18.1.2022, it transpired that his brother has fallen ill
Point of Law : Grant of Bail - a humane attitude is required to be adopted by a judge, while dealing with an application for remanding a suspect or an accused person to police custody or judicial cus....
Prolonged pre-trial detention over two years due to inordinate trial delay violates Article 21 speedy trial right, warranting bail despite serious narcotics offence gravity.
Non-disclosure of arrest grounds violates Article 22(1), vitiating arrest and warranting bail; prolonged two-year pre-trial detention due to trial delays in NDPS commercial quantity case violates Art....
The right to a speedy trial, as enshrined in Article 21 of the Constitution, supersedes other concerns, justifying the granting of bail despite serious charges and prolonged detention.
The right to a speedy trial is a fundamental right; bail may be granted in narcotics cases if incarceration time exceeds reasonable limits without trial completion.
The right to a speedy trial under Article 21 of the Constitution is fundamental; prolonged detention without trial justifies bail, regardless of the seriousness of the charges.
The right to a speedy trial is fundamental under Article 21, and prolonged detention without trial violates this right, warranting bail even in serious offenses.
The denial of bail based solely on the nature of the crime violates the right to a speedy trial under Article 21, especially in cases with prolonged detention awaiting trial.
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