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SATYEN VAIDYA
Bhura – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
Satyen Vaidya, J.
Petitioner is accused of commission of offences under Sections 302, 201 and 120-B of the IPC. The case was registered against the petitioner and another vide FIR No. 124 of 2021, dated 24.09.2021 at Police Station Tissa, District Chamba, H.P.
2. Petitioner is facing trial before the learned Additional Sessions Judge, Chamba. Prosecution evidence is in the process of being recorded.
3. Allegations against the petitioner and her co-accused are that they caused death of husband of petitioner named Shri Mohammad Rafi and her three minor children. It is alleged that during the intervening night of 13/14 September, 2021, petitioner with her co-accused firstly assaulted deceased Shri Mohammad Rafi with a sharp edged weapon and thereafter flamed the house to fire in which said Shri Mohammad Rafi along with three minor children were sleeping. Shri Mohammad Rafi and his children died of burn injuries and asphyxia.
4. Petitioner has prayed for grant of bail on the ground that she is innocent and has committed no offence much less the offence as alleged against her. It has been contended on behalf of petitioner that she had no motive to cause the death of her entire fam
It is trite that successive bail applications under Section 439 of the Cr.P.C. in the same FIR are not maintainable unless some changed circumstance is shown.
No fruitful purpose shall be served by detaining him in judicial custody for indeterminate period. The investigation can continue fairly even after release of petitioner on bail. Pre-trial incarcerat....
Grant of bail is the rule and refusal is the exception.
Possibility of petitioner tampering with the prosecution evidence is found to be without substance as the material witnesses including complainant has already been examined in the case.
Court is required to balance rights of petitioner on one hand and public interest on other. Test of objectivity is to be applied.
Pretrial incarceration for indeterminate period will not be in interest of justice.
Concern of this Court at this stage is to secure fair and expeditious trial of case.
Right of speedy trial is a valuable constitutional right.
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