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SATYEN VAIDYA
Kunwar Singh @ Ram Singh – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
Satyen Vaidya, J.
Petitioner is an accused in case FIR No. 57 of 2019 dated 26.4.2019, registered at Police Station, Parwanoo, District Solan, H.P. under Sections 302, 201 and 34 of IPC.
2. The petitioner is in custody since 6.5.2019.
3. On 26.4.2019, police recovered a dead body from place called Kamli at Kaushalya Khud within the jurisdiction of Police Station, Parwanoo, District Solan, H.P., on the information provided by one Sh. Lok Bahadur. The case was registered vide FIR No. 57 of 2019 at Police Station, Parwanoo. On investigation, police found complicity of petitioner along with two others namely Amar Pal @ Bhanwar Pal and Naniya @ Raju for commission of offence. Police arrived at the conclusion that the petitioner and his other two co-accused had murdered Sh. Sheesh Pal S/o Sh. Shankar Pal. The dead body recovered by the police on 26.4.2019 was also stated to be that of Sheesh Pal S/o Shankar Pal.
4. Police has placed reliance on scientific evidence to connect the petitioner and his co-accused with the offence. The petitioner and his co-accused are facing trial before the learned Additional Sessions Judge-I, Solan.
5. It has been contended on behalf of the petitioner
The main legal point established in the judgment is the importance of the right to speedy trial, the presumption of innocence at the pre-conviction stage, and the potential injustice of prolonged pre....
Right of speedy trial is a valuable constitutional right.
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.
Point of Law : Right to speedy trial is a valuable constitutional right available to the petitioner - Petitioner has already suffered prolonged incarceration - She cannot be allowed to be detained ....
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.
The right to a speedy trial is a fundamental right under Article 21, ensuring personal liberty and just legal processes, which must be upheld during bail considerations.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged incarceration without trial can justify the grant of bail, even for serious offenses.
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