Back
IN THE HIGH COURT OF ALLAHABAD
Hon'ble Krishan Pahal,J.
Sarvajeet Singh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Krishan Pahal, J.
1. List has been revised.
2. Counter affidavit filed by learned A.G.A. is taken on record.
3. Heard Sri Mayank Mohan Dutt Mishra and Sri Sudhanshu Pandey, learned counsel for the applicant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the record.
4. Applicant seeks bail in Session Trial No.480 of 2017 (State vs. Sarvajeet Singh), pending in the court of Sessions Judge/E.C. Act, Gorakhpur, arising out of Case Crime No.156 of 2017, under Sections 302, 307 I.P.C., Police Station- Jhangaha, District- Gorakhpur, during the pendency of trial.
5. This is the second bail application on behalf of the applicant. The first bail application was rejected by the Co-ordinate Bench of this Court vide order dated 3.12.2020 passed in Criminal Misc. Bail Application No.33241 of 2020.
6. Learned counsel for the applicant has stated that the trial is not moving ahead and is at a standstill. There is no likelihood of conclusion of trial in near future. The applicant is incarcerated since 23.5.2017, i.e. for a period of more than seven years and nine months. The fundamental right of the applicant enshrined under Article 21 of the Constitution of India stands v
The right to a speedy trial is fundamental under Article 21, and prolonged incarceration without trial violates this right, warranting the grant of bail.
Prolonged pre-trial detention violates the fundamental right to a speedy trial under Article 21, necessitating bail for the accused.
The right to a speedy trial is a fundamental right under Article 21, and prolonged detention without trial violates this right.
Prolonged incarceration without trial violates the right to speedy trial under Article 21, warranting bail as the rule and refusal as the exception.
The court emphasized that bail is the rule and jail is the exception, particularly in cases of long incarceration without trial, invoking the right to speedy justice under Article 21.
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.
The right to a speedy trial is fundamental, and indefinite detention without trial violates constitutional guarantees, warranting bail.
Prolonged incarceration without trial violates the right to speedy justice under Article 21, necessitating bail despite the gravity of the charges.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
