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SANJAY DHAR
Liakat Ali, son of Ali Mohammad – Appellant
Versus
State of Jammu and Kashmir, (Now UT of J. &K. through SHO, Police Station Gharota, Jammu) – Respondent
JUDGMENT :
1. The petitioners, who are facing trial for offences under Sections 302/382/201/34 RPC before the Court of learned 2nd Additional Sessions Judge, Jammu (‘the trial Court’ for short), have moved this Court for grant of bail in terms of Section 439 of Cr.PC.
2. The first ground that has been urged by the petitioners is that they have been arrested in the month of May, 2017 and since then, they have been in custody without there being any possibility of completion of trial in near future. It has been contended that only 04 out of 13 prosecution witnesses cited in the challan, have been examined so far and having regarding to the pace at which the trial is going on, it would take another decade for the prosecution to complete the evidence. Therefore, on the ground of long incarceration of the petitioners, they are entitled to grant of bail as the right to speedy trial has been recognized as a fundamental right which is being violated in the case of the petitioners. The other ground that has been raised by the petitioners is that the prosecution witnesses, who have been examined so far, have not supported the prosecution case and even otherwise, the whole case of prosecution
The legal position relating to grant of bail in heinous offences like murder was emphasized, highlighting the need for prima facie reasonable grounds to believe that the accused had committed the off....
The severity of the charge of murder and the legal principles for granting bail in such cases were central to the court's decision.
The severity of the charges and the prima facie satisfaction of the court in support of the charge are crucial in deciding bail applications in serious offences.
Grant of Bail - Trial is in progress and if such findings are allowed to stand it would seriously prejudice the prosecution case. At the stage of granting of bail, the court can only go into the ques....
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged incarceration without trial can justify the grant of bail, even for serious offenses.
The accused's right to a speedy trial and the duty of the prosecution and the court to expedite the trial.
The entitlement of an under-trial prisoner to not be detained in jail custody for an indefinite period, as it violates Article 21 of the Constitution, and the importance of speedy trial.
The court determined that prolonged detention does not automatically entitle an accused to bail when substantial evidence of guilt exists, underscoring the rights to a speedy trial within serious cri....
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