Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
Imran Khan – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. accused beat de-addiction center inmates causing death. (Para 2 , 3 , 4) |
| 2. innocence, trial delay claims versus tampering fears. (Para 5 , 6) |
| 3. bail discretion weighs offence gravity, evidence, risks. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. prima facie record shows murder involvement. (Para 15) |
| 5. delay insufficient for bail in serious offences. (Para 16 , 17 , 18 , 19 , 20) |
| 6. jail misconduct evidences aggressive character. (Para 21) |
| 7. bail denied for public interest, grave allegations. (Para 22 , 23 , 24) |
JUDGMENT :
Sushil Kukreja, J.
The instant bail application has been filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita (for short “BNSS) for grant of bail in case FIR No. 321/2022, dated 06.12.2022, registered at Police Station Nalagarh, Police District Baddi, H.P., under Sections 302, 323, 504 read with Section 34 of Indian Penal Code ( for short “IPC”).
2. Brief facts of the case, as per the status report filed by the respondent-State, are that on 06.12.2022, one Nand Lal, Chairman, New Serenity Home Center, Nalagarh, made a complaint to the police, stating therein that a quarrel took place in the Center and a person, who sustained
In murder cases, prolonged pre-trial detention and trial delays do not warrant bail if prima facie involvement exists, offence gravity high, tampering risk present, and custody serves justice.
Successive bail applications require substantial changed circumstances, not mere trial delay or prolonged incarceration, especially in grave offences like murder.
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
The right to speedy trial under Article 21 can justify bail due to inordinate delays, despite the serious nature of criminal charges.
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 prolonged incarceration without trial is impermissible.
The right to a speedy trial, as enshrined in Article 21 of the Constitution, supersedes other concerns, justifying the granting of bail despite serious charges and prolonged detention.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
