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SUBODH ABHYANKAR
NANDKISHORE s/o GANESH RAM MEGHWAL – Appellant
Versus
STATE OF M. P. – Respondent
ORDER : – This is the applicant’s repeat (seventh) bail application under section 439 of Criminal Procedure Code, 1973. He is implicated in connection with Crime No. 230/2014 registered at Police Station Birlagram, District Ujjain (MP) for offence punishable under sections 302 and 201 read with section 34 of the Indian Penal Code, 1860. His earlier bail applications have already been dismissed by this Court on merits. The applicant is in jail since 25-10-2018.
2. The allegation against the applicant is that he committed murder of Satish s/o Ramkirshna.
3. Counsel for the applicant has submitted in fifth bail application of the applicant being Miscellaneous Criminal Case No. 46754/2019, this Court vide order dated 20-11-2019 while dismissing the repeat bail application as withdrawn, directed the learned Judge of the trial Court to expedite the trial and conclude the same as early as possible. Counsel has further submitted that the applicant is in jail since 29-8-2014 and till date, the trial has not concluded, despite the specific order passed by this Court. Thus, taking into account the period of incarceration, which is around seven years’ incarceration, the application be allowed.
The court emphasized the importance of concluding trials within a reasonable period and the obligation of official witnesses to appear before the court, highlighting the potential consequences for fa....
Court has clarified in numerous judgments that the liberty guaranteed by Part III of the Constitution would cover within its protective ambit not only due procedure and fairness but also access to ju....
The severity of the charge of murder and the legal principles for granting bail in such cases were central to the court's decision.
The right to a speedy trial is a fundamental principle that can influence the granting of bail, particularly in cases of prolonged detention without trial.
Prolonged incarceration justifies reconsideration of bail applications; prior rejections do not prevent courts from reevaluating bail based on changed circumstances.
The gravity of the charges, the interest of society, and the likelihood of the accused being available for trial are crucial factors in deciding bail applications.
Section 309 Cr.P.C. provides power to postpone or adjourn proceedings.
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