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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Sanju Tamang – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
1. Petitioner is co-accused in FIR No.270/2018, dated 26.10.2018, registered under Sections 341, 382, 323, 504 and 376D of Indian Penal Code at Police Station Manali, District Kullu, H.P. He was arrested on 05.12.2018 and by means of the present petition, seeks enlargement on regularbail, primarily on account of delay in trial.
2. The prosecution case in nut shell is that a lady of Russian nationality (hereinafter referred to as the complainant) was admitted for treatment at Mission Hospital Manali. She lodged a complaint on 26.10.2018 that while coming alongwith her friend, Sh. Dinesh Baloon, from old Manali towards new Manali via Hadimba Temple road, at around 12 O’clock in the midnight, two unknown persons (present petitioner and one Sh. Sanjay) gave them beatings, abused in filthy language, snatched their belongings, compelled the complainant’s friend to go to ATM for giving them cash. The complainant further alleged that both the accused persons, including the present petitioner, brought her to a nearby forest and raped her. Whereafter, they left her in the forest. The complainant was taken to Mission Hospital Manali. On her statement, the FIR wa
The right to a speedy trial is fundamental, and undue delays in trial can justify granting bail even in serious offences.
Prolonged incarceration and delay in trial can justify the grant of bail, emphasizing the right to a speedy trial under Article 21 of the Constitution.
Prolonged detention without trial is unjust, and the right to a speedy trial must be upheld, leading to the granting of bail.
Prolonged pre-trial detention can justify bail under Article 21, emphasizing individual liberty rights even amidst stringent statutory limits.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged incarceration without trial is impermissible.
Indefinite incarceration without trial violates the right to a speedy trial and the presumption of innocence, necessitating bail under Section 439 CrPC.
Bail is a right at pre-conviction stage barring exceptional circumstances; prolonged detention without trial infringes fundamental rights.
The right to a speedy trial is a fundamental right under Article 21, and delays in trial can justify bail, even in serious offenses involving commercial quantities of narcotics.
The right to a speedy trial is fundamental under Article 21 of the Constitution, and prolonged incarceration without trial violates this right, warranting bail.
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