Back
VIRENDER SINGH
Tejender Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
(Virender Singh, J.)
Applicant-Tejender Singh has filed the present application, under Section 439 of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’), for releasing him on bail, during the pendency of trial, in case FIR No. 260 of 2019, dated 10th September, 2019, registered under Section 302 of the Indian Penal Code (hereinafter referred to as ‘IPC’), with Police Station Nalagarh, District Solan, H.P.
2. According to the applicant, he has falsely been implicated, in this case and he has nothing to do with the alleged offence, for which, he has been arrested by the police.
3. As per the applicant, he is a young man of 24 years and is in custody since 10th September, 2019. The investigation, according to him, is complete.
4. The applicant has asserted the fact that the prosecution has cited 43 witnesses, in this case, out of which, till date, only three formal witnesses have been examined.
5. In nut shell, the applicant has sought the relief of bail, on the ground of delayed trial.
6. On the basis of the above facts, Mr. Ritesh Bhardwaj, learned counsel appearing for the applicant, has stated that the long incarceration is nothing, but, the violation of his f
Undue delay in trial (five years custody, nine of 28 witnesses examined) violates Article 21 right to speedy trial, mandating bail to prevent pre-trial punishment when delay not accused's fault and t....
(1) Adjournment – Impediment in speedy trial – Legislature itself has frowned at granting adjournment on flimsy grounds – Even in cases where accused had been enlarged on bail right to a speedy trial....
Grant of Bail - Right of under trial enshrined under Article 21 of the Constitution of India may be considered and protected inasmuch as they should not be compelled to serve maximum punishing.
The right to a speedy trial is integral to the right to free and fair trial under Article 21, impacted by delays and the non-availability of documentary evidence.
Inordinate trial delay by prosecution violates Article 21 speedy trial right, entitling bail in NDPS commercial quantity cases despite Section 37 rigours.
Prolonged detention without trial infringes the constitutional right to liberty and a speedy trial, necessitating bail for the accused.
The right to a speedy trial is integral to Article 21 of the Constitution, and unreasonable delays due to prosecution can infringe this right, potentially warranting a quashing of proceedings.
The court reinforced that adjournments in criminal trials should be granted sparingly and only for valid reasons, emphasizing the importance of timely cross-examination.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
