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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Vishal Mall @ Prince – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. pocso fir for minor's alleged gang rape. (Para 1 , 2 , 3) |
| 2. arguments on trial delay violating speedy trial. (Para 4 , 5 , 6 , 7) |
| 3. successive bail needs material change in circumstances. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. witness absence causes pocso trial delay. (Para 15) |
| 5. speedy trial fundamental under article 21. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 6. delay entitles bail despite prior denial. (Para 24 , 25 , 26 , 27 , 28) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in F.I.R. 43 of 2023, dated 02.11.2023, registered for the commission of offences punishable under Sections 376-D of the Indian Penal Code (IPC) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) at Women Police Station (WPS), Solan, District Solan, H.P.)
2. It has been asserted that the victim made a complaint to the police that she was going to meet her godbrother ‘A’ at Kurali on 31.10.2023. She had insufficient money, and she called her godbrother from Solan from the phone of Akshay. He sent the money to Akshay’s mobile phone. He took her to his brother, Sunny, by saying that he (Akshay) d
Inordinate trial delay due to prosecution's witness non-production constitutes change in circumstances for successive bail, violating Article 21 speedy trial right and entitling release despite offen....
The right to a speedy trial is a constitutional guarantee under Article 21, and undue delays in trial proceedings can justify the granting of bail.
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....
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.
Inordinate trial delay in serious child sexual offence case violates Article 21 speedy trial right, entitling regular bail despite gravity if no tampering risk and conditions imposed.
Prolonged trial delay after two years, with minimal witness examination, constitutes change in circumstances for successive bail in NDPS case, violating Article 21 speedy trial right and warranting r....
Prolonged trial delay in NDPS intermediate quantity case violates speedy trial right under Article 21, constituting change in circumstances for successive bail despite prior rejections and antecedent....
An individual's right to a speedy trial under Article 21 mandates consideration for bail, emphasizing the need to avoid prolonged detention without trial.
Prolonged incarceration and trial delay in NDPS case with intermediate quantity constitute change in circumstances for successive bail, enforcing speedy trial right under Article 21 despite prior rej....
Successive NDPS bail applications allowed on change in circumstances like trial delay infringing speedy trial right under Article 21, overriding offence seriousness and antecedents for grant of bail.
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