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SATYEN VAIDYA
Hem Raj – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Satyen Vaidya, J.
By way of instant petition, petitioner has prayed for grant of bail under Section 439 Cr.P.C. in case registered vide FIR No. 183 of 2021, dated 01.09.2021, under Sections 302 and 506 IPC at Police Station Sadar Mandi, District Mandi, H.P.
2. Brief facts necessary for adjudication of the petition are that on 25.6.2021, three persons namely Pawan Kumar, Hem Raj (petitioner) and Krishan Lal were at place Kohli on ‘Thatta Prashar Road’ in connection with collection of stones for construction purposes. On 26.6.2021, another person named Praveen Kumar also joined them. Accordingly, all the above noted four persons stayed at Kohli in tents. They all consumed alcohol. During night, Pawan Kumar and Praveen Kumar fell down from a cliff and as a result, breathed their last.
3. On 01.09.2021, Smt. Dayabanti, mother of deceased Praveen Kumar submitted a written complaint to the police alleging therein that on 15.8.2021, a meeting of local residents was convened and the complainant had made inquiries from Hem Raj (petitioner) and Krishan Lal regarding the truth of the facts, which had resulted in death of Pawan Kumar and Praveen Kumar. She further informed that during s
Court is required to balance rights of petitioner on one hand and public interest on other. Test of objectivity is to be applied.
The right to speedy trial is a valuable right available to the accused, and delay in trial can be a factor in granting bail.
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.
Grant of bail is the rule and refusal is the exception.
Point of Law : Grant of bail is rule and refusal is exception.
The seriousness of the allegations and the potential threat to society are material factors for consideration in deciding a bail petition for serious and grave offences.
Right of speedy trial has been recognized to be a fundamental right under Article 21 of Constitution of India.
While deciding application for bail, this Court is not to scan material collected by Investigating Agency minutely, but same can always be looked into for assessing seriousness and gravity of allegat....
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