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SANJAY DHAR
Manzoor Ahmad Mir – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
SANJAY DHAR, J.
1. The petitioner has sought bail in FIR No. 118/2010 for offences under section 302, 380 and 457 RPC registered with Police Station, Batamaloo, Srinagar.
2. As per the case of the prosecution, deceased Rukhsana Jabeen was married to the petitioner in the year 2006. The deceased was working as a Nurse in the Health Department of the J&K Government whereas the petitioner was working as Constable in the Police Department. After the marriage, the petitioner is alleged to have harassed his wife and taken away her gold ornaments. On 25.08.2010 when the deceased was proceeding to her duty during night in an ambulance, the petitioner boarded the said ambulance and forcibly tried to deboard the deceased from the said ambulance. The petitioner is stated to have beaten up his wife besides extending threats to her. On 29.09.2010, the deceased was found dead in her room. The police was, accordingly, informed and after lodging of the FIR, investigation was set into motion. During the investigation of the case, it was found that, the deceased, had been done to death by the petitioner. The challan against the petitioner was filed and he is facing trial for offences under s
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.
Prolonged pre-trial detention violates the right to a speedy trial, necessitating bail when delays are not caused by the accused.
Prolonged incarceration without trial violates the right to speedy justice under Article 21, necessitating bail despite the gravity of the charges.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution of India, and prolonged detention without trial is a violation of this right.
The right to a speedy trial is a fundamental right under Article 21, and prolonged detention without trial violates this right.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution of India, and prolonged incarceration without trial violates this right.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged detention without trial is unjust.
The right to a speedy trial under Article 21 is fundamental, and prolonged pre-conviction detention without trial is a violation of personal liberty and justice principles.
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