IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Sant Prakash Sharma – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. bail application based on health and trial delay (Para 1 , 2 , 3 , 4 , 5 , 7 , 8) |
| 2. details of the alleged offense and investigation (Para 10) |
| 3. right to speedy trial is fundamental under article 21 (Para 14 , 15 , 19 , 20) |
| 4. importance of timely trial in administration of justice (Para 18 , 26) |
| 5. court grants bail under certain conditions (Para 22 , 23 , 24) |
JUDGMENT :
Virender Singh, J.
Applicant Sant Prakash Sharma has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, arising out of FIR No. 313 of 2023, dated 12.12.2023, registered under Sections 302 and 201 read with Section 34 of the Indian Penal Code (hereinafter referred to as ‘the IPC’) and Section
25 of the Arms Act, registered with Police Station, Haroli, District Una, H.P.
2. According to the applicant, he is innocent and has falsely been implicated, in this case, as no legal evidence could be collected by the prosecution to connect him, with the alleged offence.
3. Apart from this, he has also put forward his ill health, as, one of the grounds, to release him on bail, by
Dr. Upendra Baxi (I) versus State of Uttar Pradesh
Parmanand Katara versus Union of India
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and significant delays in trials can justify granting bail.
Undue delay in trial (five years custody, nine of 28 witnesses examined) violates Article 21 right to speedy trial, mandating bail to prevent pre-trial punishment when delay not accused's fault and t....
Prolonged pre-trial detention over 4 years with trial delay and co-accused on bail violates right to speedy trial under Article 21, obligating courts to grant bail unless risks justify continued cust....
Inordinate trial delay due to prosecution's witness production failure entitles accused to bail despite serious offences, as speedy trial right under Article 21 overrides gravity where detention prol....
Inordinate delay in POCSO trial constitutes material change for successive bail application, overriding offence gravity; speedy trial right under Article 21 mandates release from prolonged undertrial....
Inordinate trial delay by prosecution violates Article 21 speedy trial right, entitling bail in NDPS commercial quantity cases despite Section 37 rigours.
Prolonged pre-trial detention violates the fundamental right to a speedy trial under Article 21, necessitating bail for the accused.
Prolonged incarceration and trial delay in NDPS case with intermediate quantity constitute change in circumstances for successive bail, enforcing speedy trial right under Article 21 despite prior rej....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.