Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1237

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
VIRENDER SINGH, J.
Kartar Singh - Applicant
Versus
State of H.P - Respondent
Cr. MP(M) No. 1698 of 2025
Decided on: 23-09-2025

Advocates Appeared:
For the Applicant : Mr. Rajiv Chauhan, Legal Aid Counsel.
For the Respondent: Mr. Mohinder Zharaick and Mr. Varun Chandel, Addl. AGs, with Mr. Rohit Sharma and Ms. Ranjna Patial, Deputy AGs.

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 timely conclusion unlikely.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Indian Penal Code - Section 302 - Bail during pendency of trial - Applicant in judicial custody for five years - 28 prosecution witnesses listed, only nine examined - Undue delay in trial violating mandate under Section 309 Cr.P.C. - Right to speedy trial under Article 21 of Constitution infringed - Bail granted subject to personal bond of Rs.50,000/- with one surety of like amount and conditions. (Paras 4,5,10,20,21)

(B) Constitution of India - Article 21 - Right to speedy trial fundamental, encompassing investigation, inquiry, trial stages - Delay prejudices accused through prolonged incarceration, anxiety, impaired defense - Systemic delays considered; prosecution to justify delay - Balancing test applied; prolonged detention without timely trial becomes pre-trial punishment - Bail obligatory if trial conclusion not imminent. (Paras 11-15)

Facts of the case:
Applicant sought bail claiming innocence, no involvement in offence, local residency ensuring availability for trial, undue delay with trial likely protracted. Prosecution status report detailed eyewitness account of applicant arriving for duty under influence of liquor, assaulting outgoing security personnel with kicks, stone blows to head and neck, throwing into drain, leading to death; case registered for murder; charge-sheet filed; trial progressed slowly.

Findings of Court:
Bail allowed on furnishing bonds to satisfaction of trial court, subject to conditions of regular attendance, no evidence tampering, no inducements or threats to witnesses, no leaving territory without permission; trial court directed to expedite per prior directions.

Issues: Whether undue delay in murder trial entitles accused to bail despite gravity of offence and eyewitness evidence.

Ratio Decidendi: Trial pace indicates clear violation of speedy trial right; 19 witnesses remaining after five years unlikely to conclude soon; delay not attributable to applicant; no apprehension of non-appearance or tampering; incarceration amounts to pre-trial punishment prohibited under law.

Result: Bail application allowed.

Table of Content
1. murder allegation from eyewitness security guard. (Para 1 , 7 , 9)
2. bail sought for trial delay and innocence. (Para 2 , 3 , 4 , 5 , 6 , 8)
3. speedy trial fundamental right under article 21. (Para 10 , 11 , 12 , 13 , 14 , 15)
4. prolonged custody equals pre-trial punishment. (Para 16 , 17 , 18 , 19)
5. bail granted on bond with conditions. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26)

Judgment :

Virender Singh, J.

Applicant Kartar Singh has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), with a prayer to release him on bail, during pendency of the trial, arising out of FIR No. 112/2021, dated 30.05.2021, (hereinafter referred to as ‘the FIR in question”), registered with Police Station, Baddi, District Solan, H.P., under Section 302 of the Indian Penal Code (hereinafter referred to as ‘the IPC’).

2. According to the applicant, he is innocent and has falsely been implicated, in this case. According to the applicant, he has no concern, whatsoever, with the offences, for which he has been arrested, in this case.

3. The applicant has further pleaded that he is permanent resident of Village & Post Office Chhiller, Tehsil and Police Station Ramshehar, District Solan, H.P., and as such, he will be available for the trial, in case, ordered to be released on bail.

4. According to the applicant, there is undue delay in the trial, as he is in judicial custody for about five years. According to him, the trial will take sufficient long time for its conclusion. As such, no useful purpose would be served by keeping the applicant in the judicial custody.

5. On the basis of above facts, Sh. Rajiv Chauhan, Legal Aid Counsel has pointed out that there are 28 witnesses and till date, only nine prosecution witnesses have been examined.

6. The applicant has given certain undertakings, for which, he is ready to abide by, in case, ordered to be released on bail.

7. The applicant has also tried his luck by moving bail application, before learned Additional Sessions Judge, Nalagarh, District Solan, which was dismissed, on 09.09.2024. Thereafter, he has filed the present bail application.

8. On the basis of above facts, Mr. Rajiv Chauhan, Legal Aid Counsel has prayed that the bail application may kindly be allowed.

9. When, put to notice, the police filed the status report, disclosing therein that on 30.05.2021, at about 8:26 am, as per DD No. 22, Police Station Baddi, an information was received that a dead body is found lying on the road near Alpla company Indofarm Showroom. Upon which, the then SI/SHO Ramesh Kumar, I.O. along with other police officials, had reached at the spot. At the spot, a person was lying dead having the injuries marks over his mouth and head. On the spot, Harbans Lal, Subhash Singh and Raj Kumar etc. were present. On the spot, the eye witness Harbans Lal son of Falato Ram, has got recorded his statement under Section 154 Cr.P.C., disclosing therein, that he is resident of Village and Post Office Jambal, Tehsil Dehra, District Kangra, H.P. and working in Neptune company, village Thane, for the last 10-12 years, as security In-charge.

9.1 On 30.05.2021, when he was present in the company, then at about 7:00 am, there was change in the shift of the security, as during the night time Shiv Kumar was on security duty. At about 7:00 am, Kartar Singh son of Basant Vasi, resident of Village and Post Office Chhiller, Tehsil and Police Station Ramshehar, District Solan, H.P. came on duty under the influence of liquor, upon which, the complainant informed Security Manager Subhash Chand. When Shiv Kumar was returning back from his duty, at about 7:30 am, then Kartar Singh followed him, whereas complainant was present at the gate of the company. In his presence, Kartar Singh caught Shiv Kumar and started beating him and he had thrown him on the road and started giving kick blows. Kartar Singh also inflicted blows with stone on his neck and head and threw in