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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Vivek Singh Thakur, J
Mohammad Kaif – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
(Vivek Singh Thakur, J.)
Since all these petitions arise out of the same FIR, hence these are consolidated in order to avoid repetition and are being decided together as common question of law and facts are involved in these cases.
2 Petitioners, herein, are in judicial lock-up in case FIR No.7 of 2020 dated 21.1.2020, under Sections 302 , 147 , 149 of the Indian Penal Code (‘ IPC ’ for short), registered in Police Station Parwanoo, District Solan, Himachal Pradesh. They have approached this Court, under Section 483 of the Bhartya Nagrik Suraksha Sanhita , 2023 (for short ‘BNSS’), seeking regular bail in the matter.
3. In status report, filed on behalf of respondent-State, statement of complainant Rajan Kumar Singh has been reiterated, on the basis of which FIR was registered against the petitioners and other co-accused.
4. According to status report, on 21.1.2020, an information was received from ESI Hospital, Parwanoo, in Police Station Parwanoo that a person injured in a quarrel has been brought to the hospital for treatment, whereupon HC Vinod Kumar alongwith others had rushed to the hospital, where statement of complainant Rajan Kumar Singh was recorded under Section 154
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 without progress in trials violates the accused's right to liberty and mandates release on bail to avoid indefinite incarceration.
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 infringes the constitutional right to liberty and a speedy trial, necessitating bail for the accused.
The right to a speedy trial is a fundamental right; bail may be granted in narcotics cases if incarceration time exceeds reasonable limits without trial completion.
The severity of the charge of murder and the legal principles for granting bail in such cases were central to the court's decision.
The right to a speedy trial is fundamental, and undue delays in trial can justify granting bail even in serious offences.
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 is a constitutional guarantee, and prolonged detention without trial constitutes a violation of Article 21, warranting bail even in cases involving commercial quantities o....
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