Point of Law: Delay in criminal trial has been held to be in violation of right guaranteed to an accused under Article 21 of Constitution of India.

JUDGMENT :

Sandeep Sharma, J.

By way of present petition filed under S. 439 CrPC, bail petitioner namely Sarabjit has approached this Court, for grant of regular bail in FIR No. 161/2018, dated 31.3.2018 under Ss. 302, 201 and 120-B of the IPC, registered at Police Station Una, District Una, Himachal Pradesh.

2. Respondent-State has filed the status report and ASI Surjeet Singh has come present with the cords. Record perused and returned.

3. Close scrutiny of the record reveals that on 31.3.2018, complainant namely Sunil Kumar, who happens to be nephew of the deceased Manjeet, got his statement recorded under Section 154 Cr.PC, alleging therein that deceased was his maternal aunt (maami), who used to live in a rented accommodation alongwith her family at Mehatpur Basdehra, ward No.2. Complainant alleged that on 31.3.2018 at 8am, his father informed him that his maternal aunt Manjeet has expired. Complainant further alleged that after having seen the dead body of the deceased, he found that there were marks of strangulation on her neck and when he inquired from the daughter in law of the deceased maternal aunt i.e. bail petitioner herein, for the reason of marks on the body of the deceased, she disclosed him that last night, deceased Manjeet had headache and she had given massage to her head. Complainant alleged that CCTV Central Monitor System was kept in the bedroom of the deceased, but same was found to be switched off between 1:00 a.m. to 2:15 a.m. in the intervening night of the alleged incident. Complainant in the totality of the facts and circumstances detailed herein above, suspected that his deceased maternal aunt has been murdered by her daughter in law i.e. present bail petitioner and as such, FIR detailed herein above came to be lodged against the petitioner and two co-accused namely Kanchan Bala and Gur Sewak. Since co-accused Kanchan Bala was juvenile at the time of the alleged incident, she already stands enlarged on bail, whereas petitioner and other co-accused Gur Sewak are behind the bars. Since challan stands filed in the competent court of law and statements of material prosecution witnesses stand recorded coupled with the fact that bail petitioner is behind bars for more than three years, she has approached this Court in the instant proceedings, for grant of regular bail.

4. Mr. Narinder Guleria, learned Additional Advocate General, while fairly acknowledging the factum with regard to filing of Challan in the competent court of law, contends that though nothing remains to be recovered from the bail petitioner, but keeping in view gravity of the offence alleged to have been committed by him, he does not deserve any leniency and his prayer for grant of bail, deserves outright rejection. Mr. Guleria further submits that otherwise also, only 13 witnesses remain to be examined and for that purpose, court below has already fixed the date and as such, it may not be in the interest of justice to enlarge him on bail, because, in that event, she may not only flee from justice but may also temper with the prosecution evidence.

5. Having heard learned counsel for the parties and perused material available on record, especially statement of complaint recorded under Section 154 Cr.PC, this court finds that though there is no eye witness to the alleged incident of murder, if any, allegedly committed by the present bail petitioner with the help and aid of other co-accused namely Kanchan Bala and Gur Sewak, but there is circumstantial evidence against them. Since CCTV Camera installed in the room of the deceased was found to be switched off between 1:00 a.m. to 2:15 a.m. and no plausible explanation qua the same came to be rendered by the accused named in the FIR, there is a strong suspicion that present bail petitioner in connivance with the other coaccused named in the FIR murdered her mother in law.

6. No doubt, petitioner is alleged to have committed heinous crime of murder, but such act, if any, of her is yet to be proved on