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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Mandeep – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. bail sought citing long custody, delay, parity, youth. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. murder investigation implicates applicant in killing, disposal. (Para 11 , 12) |
| 3. prolonged detention violates speedy trial right. (Para 13 , 14 , 15) |
| 4. speedy trial fundamental under article 21. (Para 16 , 17 , 18) |
| 5. bail due to delay, parity, despite non-local ties. (Para 19 , 20 , 21) |
| 6. bail granted with bonds, sureties, conditions. (Para 22 , 23 , 24 , 25 , 27) |
JUDGMENT :
Virender Singh, J.
By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Mandeep has sought his release, on bail, during the pendency of trial, in case FIR No.57 of 2021, dated 22.02.2021, registered under Sections 302, 120B and 201 of the Indian Penal Code (hereinafter referred to as ‘IPC’), with Police Station Nalagarh, District Solan, Himachal Pradesh.
2. According to the applicant, he is resident of the address, as mentioned in the application and is having deep roots in the society.
3. As per the applicant, he has falsely been implicated, by the police, in the present case, as, there is no evi
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....
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged detention without trial is impermissible.
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 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 right to a speedy trial is a fundamental right under Article 21 of the Constitution, and significant delays in trials can justify granting bail.
Prolonged detention without trial infringes the constitutional right to liberty and a speedy trial, necessitating bail for the accused.
PMLA Section 45 twin conditions relaxable by constitutional courts for bail if prolonged custody (over 2 years) and unlikely timely trial violate Article 21, absent accused delay, with voluminous doc....
The right to speedy trial under Article 21 can justify bail due to inordinate delays, despite the serious nature of criminal charges.
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 court ruled that the applicant, as the prime accused in serious offences, cannot be granted bail due to the risk of trial tampering and his history of absconding, despite delays in the trial proc....
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