Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Chhotu Lal – Appellant
Versus
State of Himachal Pradesh – Respondent
Bail petitioner namely, Chhotu Lal, who is behind the bars since 17.12.2023, has approached this Court in the instant proceedings filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, for grant of regular bail in case FIR No. 137 of 2023, dated 17.12.2023, under Section 20 of the NDPS Act, registered at police Station, Banjar, District Kullu, Himachal Pradesh.
2. Respondent-State has filed status report and HC Vipin Kumar has come present with the record. Record perused and returned.
3. Close scrutiny of the status report/record reveals that on 17.12.2023, at 11.30 AM, patrolling party headed by SI/SHO Ram Lal after having found one person sitting alone near PWD Rest House, Sojha on Jalori Jot road, stopped its vehicle. Since he got perplexed and made an attempt to flee from the spot, police deemed it necessary to cause his personal search as well as of his belongings. Allegedly, after associating independent witnesses, police recovered 3.01 Kg of charas from the bag being carried by the person, namely Chhotu Lal i.e., present petitioner herein. Since, no plausible explanation ever came to be rendered on record qua possession of aforesaid comm
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 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 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 fundamental under Article 21, and prolonged detention without trial violates this right, warranting bail even in serious offenses.
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.
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; 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.
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.
Prolonged incarceration without trial violates the right to personal liberty under Article 21, necessitating the grant of bail even under stringent provisions like the NDPS Act if no reasonable groun....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
