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SATYEN VAIDYA
Bishan Dass – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Satyen Vaidya, J.
Petitioner is an accused in case FIR No. 158 of 2020, dated 17.07.2020, registered under Sections 302 and 201 of the Indian Penal Code, at Police Station Nagrota Bagwan, District Kangra, H.P.
2. The allegation against petitioner is that on 17.07.2020, he gave beatings to his wife Smt. Praveen Kumari and thereby caused her death. As per post-mortem report, fourteen ante-mortem injuries were found on the person of deceased.
3. Petitioner was arrested on the date of incident itself. The trial in the case has already begun and ten prosecution witnesses have already been examined.
4. The bail has been sought on the grounds that the evidence collected by police does not prima facie disclosed the commission of offence under Section 302 of the Indian Penal Code. The conduct of the petitioner has not been cruel, rather, he himself had informed about the death of his wife. Further, it has been submitted that the petitioner has already offered custody for more than three years and his right to speedy trial has been violated.
5. On the other hand, the prayer is opposed, on the ground that the allegations against petitioner are serious in nature. He is accused of brut
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.
Right of speedy trial is a valuable constitutional right.
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.
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 ....
Point of Law : Even otherwise there is a serious violation of the right of speedy trial available to the petitioner.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged incarceration without trial is impermissible.
Fetters placed by Section 37 of ND&PS Act, evidently have been instrumental in denial of right of bail to petitioner.
Grant of Bail - Theft in dwelling house, etc - There is no doubt that grant or denial of bail is entirely discretion of judge considering a case but even so, exercise of judicial discretion has been ....
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged pre-conviction detention without trial is unjust and infringes upon personal liberty.
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