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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Sandeep Sharma, J
Hanuman – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Sandeep Sharma, J.
Bail petitioner namely Hanuman, who is behind the bars for almost five and half years, has approached this Court in the instant proceedings filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail in case FIR No.93/2019, dated 23.9.2019, under Sections 302 and 201 of Indian Penal Code, registered at PS Haripur, District Kangra, Himachal Pradesh.
2. Pursuant to orders dated 2.1.2025 and 9.1.2025, respondent- State has filed the status report and ASI Chaman Lal, has come present with record. Record perused and returned.
3. Close scrutiny of status report/record reveals that on 23.9.2019, complainant Sh. Mohan Singh got his statement recorded under Section 154 CrPC, alleging therein that his son Ashwani Kumar i.e. deceased, had purchased a new Swift Car and had gone to Baijnath Nag Mandir on 22.9.2019, alongwith family. Complainant alleged that at 9:30am, all family members came back to the house and thereafter the deceased went towards Padiarkhar for parking the vehicle. He alleged that on same day at 11:30 am, his son informed that he is going to Palampur taking one passenger. He alleged that at 8:30pm, he called up his
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged incarceration without trial is impermissible.
The right to a speedy trial under Article 21 of the Constitution is fundamental; prolonged detention without trial justifies bail, regardless of the seriousness of the charges.
The right to speedy trial under Article 21 can justify bail due to inordinate delays, despite the serious nature of criminal charges.
The denial of bail based solely on the nature of the crime violates the right to a speedy trial under Article 21, especially in cases with prolonged detention awaiting trial.
An accused's right to a speedy trial under Article 21 mandates that excessive delays in trial should not negate the possibility of bail under serious charges.
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, and prolonged detention without trial violates this right, warranting bail even in serious offenses.
The right to a speedy trial is a constitutional guarantee, and prolonged detention without trial constitutes a violation of Article 21, warranting bail even in cases involving commercial quantities o....
The right to a speedy trial is fundamental under Article 21 of the Constitution, and prolonged incarceration without trial violates this right, warranting bail.
The right to a speedy trial, as enshrined in Article 21 of the Constitution, supersedes other concerns, justifying the granting of bail despite serious charges and prolonged detention.
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