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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Devender Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. assault at flyover causes death; bail sought. (Para 1 , 2 , 3) |
| 2. arguments invoke parity; court reviews records. (Para 4 , 5 , 6 , 7) |
| 3. successive bail needs circumstance change. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. co-accused bailed for trial delay; parity. (Para 15 , 16) |
| 5. trial delay violates speedy trial right. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 6. bail granted due to trial delay. (Para 25 , 26 , 27 , 28 , 29) |
Judgment :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in FIR No. 77 of 2023, dated 11.07.2023, registered at Police Station, Dharampur, District Solan, H.P., for the commission of offences punishable under Sections 147, 148, 302, 323, 341, and 504 read with Section 149 of the Indian Penal Code (IPC).
2. It has been asserted that the petitioner was arrested on 14.07.2023. The police have completed the investigation, and the petitioner is not required for interrogation. The matter is pending before the learned Trial Court and is listed on 08.12.2025 for recording the statements of prosecution witnesses. The co-accused Dalbir and Kishan Lal have been enlarged on bail by the learned Trial Court. Co-ac
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.
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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....
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.
An individual's right to a speedy trial under Article 21 mandates consideration for bail, emphasizing the need to avoid prolonged detention without trial.
Successive NDPS bail granted despite prior dismissal due to over one-year pre-trial detention violating speedy trial right under Article 21, intermediate quantity, and despite antecedents.
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....
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