Point of Law: Right of speedy trial has been recognized to be a fundamental right under Article 21 of Constitution of India.

JUDGMENT :

(Satyen Vaidya, J.)

1. Petitioner is in custody since 11.04.2020 in case registered vide FIR No. 22 of 2020, dated 19.03.2020 under Sections 302, 392, 201 read with Section 34 of the Indian Penal Code in Police Station, Parwanoo, District Solan, H.P. The challan was filed after completion of investigation on 10.07.2020. The trial is still pending.

2. The prosecution case, in nut-shell, is that on 18.03.2020 a dead body was recovered by the police near railway track, Sector-5, Parwanoo, District Solan, H.P. The case was registered and on investigation, complicity of petitioner along-with two others namely Om Prakash and Tinku @ Boriya was found. The challan has been filed on the allegations that all three above named persons, way laid the deceased (Hari Ram) with intent to commit robbery and in the process committed murder. It is alleged that petitioner and Tinku @ Boriya caught hold of deceased in order to rob him, but petitioner was over-powered by the deceased and in such process petitioner inflicted blows on the person of deceased with knife which proved fatal.

3. Petitioner has prayed for grant of bail on the grounds that he has been falsely implicated. He is the sole bread earner of the family and the financial condition of the family has worsened with each passing day. Material witnesses have already been examined. It has been contended on behalf of the petitioner that despite filing of challan on 10.07.2020, the trial has not yet concluded. Violation of fundamental right of speedy trial has also been alleged.

4. I have heard learned counsel for the petitioner and learned Additional Advocate General for the respondent-State and have also gone through the record carefully.

5. Seriousness and gravity of offence are the factors which have bearing on the fate of the prayer for grant of bail. Merely because the offence involved is of serious nature and attracts severe punishment, cannot be the only ground to deny the right of bail. It has to be weighed and balanced with other factors such as the allegations against the bail petitioner and also the available evidence to prove such allegations.

6. Though this Court while deciding the bail application is not required to minutely scan the evidence collected by the police during investigation, still the material on record can be glanced only for the purposes of prima-facie assessment regarding the seriousness and gravity of allegations against the bail petitioner.

7. The case of the prosecution is based on circumstantial evidence. Admittedly, there is no eye witness to the crime. As per allegations, though the petitioner is alleged to be the main perpetrator of crime, yet the allegations are subject to proof. Petitioner was arrested on 11.4.2020. He has already suffered pre-trial incarceration for more three years. It has been contended on behalf of the petitioner that the material witnesses of the case have already been examined, which fact has not been denied on behalf of the respondent. It is also not in site that the trial is likely to be concluded in near future.

8. The co-accused of the petitioner namely Om Prakash has already been released on bail by this Court vide order dated 2.8.2022 in Cr.MP(M) No. 1581 of 2022.

9. The right of speedy trial has been recognized to be a fundamental right under Article 21 of the Constitution of India.

10. In Umarmila @ Mamumia vs. State of Gujarat, (2017) 2 SCC 731, the Hon’ble Apex Court has held as under:-

“11. This Court has consistently recognised the right of the accused for a speedy trial. Delay in criminal trial has been held to be in violation of the right guaranteed to an accused under Article 21 of the Constitution of India. (See: Supreme Court Legal Aid Committee v. Union of India, (1994) 6 SCC 731; Shaheen Welfare Assn. v. Union of India, (1996) 2 SCC 616) Accused, even in cases under TADA, have been released on bail on the ground that they have been in jail for a long period of time and there was no likelihood of the completio