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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Sakir – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sandeep Moudgil, J. (Oral)
The jurisdiction of this Court has been invoked under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR No.583, dated 03.11.2022, under Sections 148, 149, 323, 307, 506 IPC and Section 25 of Arms Act (Sections 302, 325 IPC added later on), registered at Police Station Sadar Nuh, District Nuh, Haryana.
2. Learned counsel for the petitioner contends that the petitioner is at parity with other co-accused Sajid @ Boda, who has been granted the concession of regular bail by a Coordinate Bench of this Court vide Annexure P-4. He further contends that the statement of the injured Niyaz Mohammad, on the basis of which, the petitioner was arrayed as an accused was recorded under Section 161 Cr.P.C. on 09.11.2022 i.e. almost one week after the alleged incident. It was submitted that earlier when the FIR was registered, no overt act was attributed to the petitioner and further, even in pursuance to the statement made by Niyaz Mohammad on the basis of which the petitioner was arrested, no recovery was made. Learned counsel submitted that the petitioner is in custody since 30.03.2023; final report under Section 173 Cr.P.C. was submitted lo
The right to a speedy trial is a fundamental right under Article 21, and prolonged detention without trial is impermissible.
The right to a speedy trial under Article 21 of the Constitution is paramount, and prolonged custody without trial can warrant the granting of bail.
The presumption of innocence and the right to a speedy trial necessitate the grant of bail, emphasizing that incarceration should be the exception, not the rule.
Bail is a rule and jail is an exception; prior criminal cases should not unjustly influence bail decisions.
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 of the Constitution is fundamental, and bail is the rule while jail is the exception, especially when trial has not commenced for an extended period.
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