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N. S. SHEKHAWAT
Bhagirath @ Pandu – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
N.S.Shekhawat, J.
The appellant has filed the present appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "Act"), against the impugned order dated 13.09.2023 passed by the Court of Additional Sessions Judge, Hisar, whereby the application for regular bail under Section 439 Cr.P.C was ordered to be dismissed, in a case arising out of FIR No.1135 dated 14.12.2021 under Sections 302,148,149,367,323,342,506 of IPC and under Section 3 (2) (v) of the "Act", Police Station Sadar, Hisar.
2. Learned senior counsel for the appellant submits that in the present case, the FIR was registered on the basis of the statement made by the complainant namely Sandeep son of Chiman Lal. In the FIR, he had levelled allegations against the Sandeep, Sunil, Golu, Deep, Sanjay, Vijay and 4/5 known persons, who had allegedly caused injuries to the complainant, Vinod and Bhal Singh. Later on, Vinod son of Om Parkash succumbed to the injuries.
3. Learned Senior counsel vehemently argued that in the present case, the complainant as well as the appellant belonged to Village Mirkan, District Hisar, still the appellant wa
The right to bail is crucial and should not be denied without substantial justification; the absence of specific attribution in supplementary statements favors bail.
The right to a speedy trial is a fundamental right under Article 21, ensuring personal liberty and just legal processes, which must be upheld during bail considerations.
The right to speedy trial under Article 21 can justify bail due to inordinate delays, despite the serious nature of criminal charges.
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 under Article 21 of the Constitution is fundamental; prolonged detention without trial justifies bail, regardless of the seriousness of the charges.
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.
Bail granted in murder case due to hostile key witness rendering prima facie accusation doubtful, prolonged incarceration over four years amid delayed trial, no antecedents, upholding Article 21 pers....
The right to speedy trial is fundamental under Article 21, and prolonged incarceration without trial necessitates bail, emphasizing that bail is the rule and jail is the exception.
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