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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
N.S.SHEKHAWAT
Sukhwinder Singh Dhillon – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. petition details outline for trial expedite. (Para 1) |
| 2. arguments presented against trial delays. (Para 2 , 3) |
| 3. court observes leniency towards accused. (Para 4 , 5 , 8) |
| 4. principles on right to a speedy trial established. (Para 6 , 7) |
| 5. court's directive for timely trial conclusion. (Para 9 , 10 , 11 , 12) |
JUDGMENT :
N.S.SHEKHAWAT , J.
1. The petitioner has filed the present petition under Section 528 of the B.N.S.S., 2023 with a prayer to issue directions to the respondent to issue directions to the trial Court to expedite the trial of the case and to conclude the trial of the case bearing No. CHI 387/21, REMP 410/21 titled as “State Vs. Surajit Gayen” arising out of the FIR No. 19 dated 31.03.2021 under Sections 420 and 120-B of IPC & under Sections 66 -C and 66-D of the IT Act, 2000 registered at Police Station Cyber Crime Phase IV, S.A.S. Nagar.
2. Learned counsel for the petitioner contends that the petitioner is a decorated Army Officer aged about 76 years, who had served the country throughout his life. However, unfortunately, at this juncture, he was cheated to the tune of Rs.58.68 lakhs by the accused on the pretext of getting him an insurance policy. Ev
The right to a speedy trial is fundamental under Article 21, emphasizing the need for courts to avoid undue delays and not show leniency towards accused in serious crimes.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, encompassing all stages of criminal proceedings and essential to prevent undue incarceration.
Undue delay in trial (five years custody, nine of 28 witnesses examined) violates Article 21 right to speedy trial, mandating bail to prevent pre-trial punishment when delay not accused's fault and t....
: While speedy trial is a fundamental right of every accused but then it is not possible to lay down any hard and fast rule that delay in holding trial would always result in quashing of criminal pro....
Inordinate trial delay by prosecution violates Article 21 speedy trial right, entitling bail in NDPS commercial quantity cases despite Section 37 rigours.
Prolonged trial delay after two years, with minimal witness examination, constitutes change in circumstances for successive bail in NDPS case, violating Article 21 speedy trial right and warranting r....
The right to speedy trial under Article 21 can justify bail due to inordinate delays, despite the serious nature of criminal charges.
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