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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE SANDEEP SHARMA
Vineet – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Sandeep Sharma, J.
Bail petitioner namely Vineet, who is behind the bars since28.8.2022, has approached this Court in the instant proceedings filed under S.483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail in case FIR No.193/2022, dated 28.8.2022, under Sections 20 and 29 of the NDPS Act, registered at PS Sadar Bilaspur, District Bilaspur, Himachal Pradesh.
2. Pursuant to order dated 27.12.2024, respondent-State has filed the status report and ASI Ram Lal, PS Sadar, Bilaspur, Himachal Pradesh, has come present with record. Record perused and returned.
3. Close scrutiny of status report/record reveals that on 28.8.2022, at about 9:40AM, police intercepted vehicle bearing registration No. HR51AY5016 at Bilaspur and allegedly, recovered one bag containing 2.940 kgs of Charas in the presence of independent witnesses. Since no plausible explanation ever came to be rendered on record qua the possession of the aforesaid quantity of contraband, police after having completed necessary codal formalities, lodged FIR and arrested all the occupants including the present bail petitioner. Since challan stands filed and nothing remains to be recovered from the b
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.
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, and prolonged detention without trial violates this right, warranting bail even in serious offenses.
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 a fundamental right; bail may be granted in narcotics cases if incarceration time exceeds reasonable limits without trial completion.
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.
In NDPS commercial quantity cases, prolonged incarceration over two years due to inordinate trial delay violates Article 21 speedy trial right; bail grantable despite Section 37 if guilt unproven and....
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 a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged incarceration without trial is impermissible.
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