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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
Mohammad Faique @ Aayan – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. details surrounding the case and fir. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments presented for bail based on trial delays. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 3. court considerations regarding bail application. (Para 37 , 38 , 40 , 41 , 42 , 43 , 44 , 45 , 46) |
| 4. court's decision to grant bail with conditions. (Para 47 , 48 , 49 , 50 , 51 , 52) |
| 5. final conclusion on the bail application. (Para 53) |
JUDGMENT :
Vivek Singh Thakur, J.
Petitioner, herein, is in judicial lock-up in case FIR No.7 of2020 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. He has approached this Court, under Section 483 of the Bhartya Nagrik Suraksha Sanhita, 2023 (for short ‘ BNSS ’), seeking regular bail in the matter.
2. 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 petitioner and other co-accused.
3. According to status report, on 21.1.2020, an i
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 detention without trial is unjust, and the right to a speedy trial must be upheld, leading to the granting of bail.
The court ruled that strong evidence existed against the accused for serious crimes, and health concerns and trial delays did not justify bail.
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
Bail granted in murder case due to hostile key witness rendering prima facie accusation doubtful, prolonged incarceration over four years amid delayed trial, no antecedents, upholding Article 21 pers....
In murder cases, prolonged pre-trial detention and trial delays do not warrant bail if prima facie involvement exists, offence gravity high, tampering risk present, and custody serves justice.
The court emphasized the need to balance the individual's right to personal freedom with the right of police investigation, and considered the delay in trial, lack of prima facie evidence, and absenc....
The right to speedy trial under Article 21 can justify bail due to inordinate delays, despite the serious nature of criminal charges.
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