SATYEN VAIDYA
Mohammad Nazim – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
Satyen Vaidya, J.
Petitioner is an accused in case FIR No. 34 of 2021, dated 5.3.2021, registered at Police Station Sadar, District Shimla, H.P. under Sections 363, 366-A, 370-A, 506 and 120-B of IPC. He was arrested on 6.4.2021 and since then, he is in custody.
2. Brief facts of the case are that the father of victim on 5.3.2021 reported to the police that his minor daughter aged about fifteen years (victim) had not returned home from the school and on inquiry, he had found that the students were not even required to attend the school on the said date. Police registered a case under Section 363 IPC. During investigation, the location of mobile phone used by the victim was found somewhere in Haryana. It was found that victim was travelling towards Delhi. A police party reached Delhi. On further analysis of the call detail records of the mobile phone, which was in contact with mobile number of the victim, one person named Jatin Malik was tracked. On interrogation of the Jatin Malik, it was found that the victim had taken a lift in his vehicle on the night of 5.3.2021 from a place near Panipat. The victim while travelling in the vehicle of Jatin Malik had contacted a person n
Pretrial incarceration for indeterminate period will not be in interest of justice.
Crime against Women and Children - Offence of trafficking women - Bail dismissed - Release of petitioner on bail would have adverse impact on society, encouraging the law-breakers involved in commiss....
Investigation is already complete and petitioner cannot be ordered to be incarcerated for indefinite period - Trial of the case is likely to take considerable time before the conclusion.
Pre-trial incarceration is not rule. No fruitful purpose shall be served by detaining petitioner in custody for indeterminate period.
Completion of fair and expeditious trial can be taken care of by putting petitioner to appropriate terms.
Right of speedy trial is a valuable constitutional right.
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