Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 367

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA, J.
Vijay Singh - Petitioner
Versus
State of Himachal Pradesh - Respondent
Cr. MP (M) No. 103 of 2026
Decided On : 09-03-2026.

Advocates Appeared:
For the Petitioner:Mr Ankush Dass Sood, Senior Advocate, with Mr Yuyutsu Singh Thakur, Advocate.
For the Respondent:Mr Lokender Kutlehria, Additional Advocate General.

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 prolonged indefinitely.

Headnote:(A) Constitution of India - Article 21 - Right to speedy trial - Fundamental right implicit in personal liberty - Inordinate delay in trial (over 7 years 8 months) due to prosecution's repeated failure to produce witnesses, including after recall under S.311 CrPC, violates right to expeditious trial - Despite gravity of offences punishable by death, prolonged pre-trial detention unjustified where delay attributable solely to prosecution - Accused entitled to regular bail, as State cannot oppose on ground of seriousness alone without ensuring speedy conclusion. (Paras 10-22)

(B) Criminal Procedure - Bail grant parameters - Courts to consider nature of accusation, evidence, punishment severity, risk of tampering/absconding, antecedents, but balance against right to liberty - No indefinite detention pending trial; presumption of innocence prevails until guilt proven. (Paras 8-9)

Facts of the case:
Petitioner sought regular bail in case registered for offences including murder, attempt to murder, assault on public servant, causing disappearance of evidence, and arms possession. Accused of firing at officials deputed for demolition of illegal construction, resulting in two fatalities. Arrested in 2018; charge sheet and supplements filed; trial adjourned repeatedly due to prosecution's non-production of witnesses; recall application allowed at arguments stage but witnesses not examined.

Findings of Court:
Petition allowed; petitioner released on bail bonds of Rs.1,00,000/- with surety, subject to conditions prohibiting witness intimidation, ensuring trial attendance, restricting travel, surrendering passport, and maintaining contact details.

Issues: Whether prolonged trial delay violates right to speedy trial entitling bail despite heinous offences; balance between gravity of crime and pre-trial liberty.

Ratio Decidendi: Delay in trial caused by prosecution's inaction overrides offence gravity; right to speedy trial paramount under Article 21; no justification for indefinite incarceration without expeditious trial, as reiterated in precedents emphasizing no opposition to bail on seriousness grounds when State fails to provide speedy justice.

Result: Petition allowed.

Table of Content
1. murder charges from shooting officials; trial delayed 7 years. (Para 1 , 2 , 3)
2. delay violates speedy trial; state cites heinous crime. (Para 4 , 5 , 6)
3. bail parameters include offence gravity and antecedents. (Para 7 , 8 , 9)
4. prosecution delays by failing to produce witnesses. (Para 10)
5. speedy trial is article 21 fundamental right. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20)
6. delay entitles bail despite serious offence. (Para 21 , 22)
7. bail granted with strict conditions imposed. (Para 23 , 24 , 25 , 26)

JUDGMENT :

RAKESH KAINTHLA, J.

The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 51 of 2018, dated 01.05.2018, registered at Police Station, Dharampur, District Solan, H.P., for the commission of offences punishable under Sections 302, 307, 353, and 201 of the Indian Penal Code (hereinafter referred to as IPC) and Section 25 of the Arms Act.

2. It has been asserted that, according to the prosecution, the petitioner had fired upon government officials while they were discharging their official duties. The police arrested the petitioner and investigated the matter. They filed the main charge sheet before the Court on 26.07.2018, and supplementary charge sheets on 23.10.2019 and 13.01.2020. The matter was listed for final argument when the prosecution moved an application under Section 311 of the Code of Criminal Procedure (CrPC), read with Section 348 of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023 seeking the recall of Dr Sangeet Dhillon (PW17) and Naseeb Singh Patiyal (PW41). The learned Trial Court allowed the application and recalled the witnesses for further examination. The matter was scheduled for the examination of witnesses on 08.01.2026, but they failed to appear, and the case was adjourned to 20.02.2026. The prosecution is unable to complete the evidence despite the lapse of seven years and eight months. The petitioner is innocent and was falsely implicated. The undue delay in completing the trial violates the petitioner’s right to a speedy trial. The prosecution, and not the petitioner, has caused the delay. The petitioner was previously granted interim bail, and he did not violate the conditions imposed upon him. He would abide by the terms and conditions that the Court may impose. Therefore, it is prayed that the present petition be allowed and the petitioner be released on bail.

3. The petition is opposed by filing a status report asserting that the National Green Tribunal (NGT) had directed the demolition of all illegal constructions. Informant Shivender Pal, Ranjan Gupta, Sanjay Negi, Rajeev Mishra, Smt. Shail Bala,

N.C. Mahajan, Rahul Sharma, police officials and PWD officials were deputed to comply with the orders of the NGT. Petitioner Vijay Singh is the owner of Narayani Guest House. He was present at the reception. He shot at Smt. Shail Bala and Gulab Singh, who sustained multiple injuries. Shail Bala and Gulab Singh were taken to the hospital, however, Smt. Shail Bala succumbed to her injuries. The police registered the FIR and investigated the matter. The police seized the material objects on the spot. As per the autopsy report, Smt. Shail Bala had died as a result of hemorrhagic shock and injury to vital structures caused by a rifled firearm. The police seized the empty cartridges from the guest house. The police arrested the petitioner, and he got a revolver and cartridges recovered. Subsequently, Gulab Singh also died because of septicemia secondary to gunshot injury. As per the report of analysis, human blood was detected on the blood recovered from the body of Shail Bala, the nose pin of Shail Bala and the hair clip of Shail Bala, which was insufficient for blood grouping. Human blood of blood group (A) was detected in the blood sample of Shail Bala, her shirt, pyjama, vest and a piece of mat. Human blood was also detected on the underwear, brassiere, dupatta, blood-stained soil, stone and artificial teeth of Shail Bala. Blood was