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SATYEN VAIDYA
Ajeet Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Satyen Vaidya, J.
Petitioner has approached this Court for grant of bail in case FIR No. 123/2020, dated 05.08.2020, registered under Section 302 of the Indian Penal Code and Section 25-54-59 of the Indian Arms Act, at Police Station Theog, District Shimla, H.P.
2. Petitioner is in custody since 05.08.2020.
3. Petitioner has prayed for grant of bail on the ground that, though, he has been charged for commission of offence under Section 302 of the Indian Penal Code, but there is no legal evidence to support such charge. It is submitted on behalf of the petitioner that despite lapse of more than two years and six months since his custody, the trial has not been concluded. Petitioner cannot be allowed to remain in custody for indeterminate period. He has a right to speedy trial. It is further submitted that all the material witnesses have already been examined and only the police officials remain to be examined. As per petitioner, the sole eye witness of the case has not supported the charge framed against petitioner. Petitioner is stated to be permanent resident of Village Kello Jubbar, P.O. Mahori, District Shimla, H.P. It is submitted that there is no likelihood of his absco
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.
Right of speedy trial has been recognized to be a fundamental right under Article 21 of Constitution of India.
The right to speedy trial is a valuable right available to the accused, and delay in trial can be a factor in granting bail.
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....
Point of Law : Even otherwise there is a serious violation of the right of speedy trial available to the petitioner.
Right of speedy trial is a valuable constitutional right.
The main legal point established in the judgment is the importance of the right to speedy trial, the presumption of innocence at the pre-conviction stage, and the potential injustice of prolonged pre....
Once it is obvious that a timely trial would not be possible and the accused has suffered incarceration for a significant period of time, Courts would ordinarily be obligated to enlarge them on bail.
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