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SATYEN VAIDYA
Charan Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Petitioner is one of the accused in case FIR No. 235/2018, dated 21.09.2018, registered under Section 302 and 341 of the Indian Penal Code, at Police Station Baddi, Police District Baddi, District Solan, H.P.
2. Petitioner is in custody since 22.09.2018.
3. Petitioner alongwith his co-accused named Rambeer has been charged for offences under Sections 302 and 341 of the IPC. The allegation against them is that they on 21. 09.2018, gave beatings to deceased Vijender Singh with sticks, which caused his death. The matter was reported to the police by Raghubardyal, who is son-in - law of the deceased. It is alleged that petitioner suspected relations of deceased with his wife and thus, beatings were given to the deceased. The petitioner and co-accused are under trials.
4. It has been contended on behalf of the petitioner that he has been falsely implicated. As per petitioner, material witnesses have been examined and none has supported the prosecution case. It is also submitted on behalf of the petitioner that he is also entitled to bail as his right to speedy trial has been violated.
5. Per-contra, learned Additional Advocate General has opposed the bail, on the ground that petit
Point of Law : Even otherwise there is a serious violation of the right of speedy trial available to the petitioner.
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.
Right of speedy trial has been recognized to be a fundamental right under Article 21 of Constitution of India.
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.
The right to speedy trial is a valuable right available to the accused, and delay in trial can be a factor in granting bail.
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