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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
Pawan Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. murder fir from fairground quarrel and arrests. (Para 1 , 2 , 3 , 4) |
| 2. trial delay, parity justify bail; state opposes. (Para 5 , 6) |
| 3. article 21 mandates speedy trial for undertrials. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 4. prolonged custody violates speedy trial right. (Para 13) |
| 5. bail granted with conditions and enforcement. (Para 14 , 15 , 16 , 17 , 18) |
JUDGMENT :
SUSHIL KUKREJA, J.
1. Since both these bail applications arise out of FIR No. 90/2022, dated 28.11.2022, they were heard together and are being disposed of by this common order.
2. The instant bail applications have been filed by the petitioners under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for grant of bail in case FIR No. 90/2022, dated 28.11.2022, under Sections 302 & 34 of the Indian Penal Code (for short “IPC”), registered at Police Station Nirmand, District Kullu, H.P.
3. Briefs of the case, as per the status report filed by the respondent/State, are that on 29.11.2022 the statement of complainant Sumit Kumar recorded by ASI Man Dev under Section 154, Cr.P.C., was received at Police Station Nirmand, wherein, he stated that he had been residing at Bahawa alongwith his mo
Prolonged incarceration of undertrials due to trial delays violates Article 21 right to speedy trial, entitling bail after over 2.5 years custody with minimal trial progress and no tampering risk.
The court emphasized that bail is the rule and jail is the exception, particularly in cases of long incarceration without trial, invoking the right to speedy justice under Article 21.
Successive bail in serious offences granted on material change like trial delay and co-accused releases, upholding speedy trial right under Article 21 despite prior rejection.
The right to speedy trial is fundamental under Article 21, and prolonged incarceration without trial necessitates bail, emphasizing that bail is the rule and jail is the exception.
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....
Prolonged pre-trial detention violates the fundamental right to a speedy trial under Article 21, necessitating bail for the accused.
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....
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....
The right to speedy trial under Article 21 of the Constitution is fundamental, and bail is the rule while jail is the exception, especially when trial has not commenced for an extended period.
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