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W. DIENGDOH
Anil Kumar Ms – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
1. Matter taken up via video conferencing.
2. Heard Mr. Satyendra Kumar, learned counsel for the petitioner who has submitted that this is an application for grant of bail on behalf of the petitioner who was arrested in connection with Mawlai PS Case No. 38(5)2018 u/s 364/302/201 IPC.
3. The cause for the arrest of the petitioner is on the basis of an FIR dated 29.05.2018 lodged by one Shri Seiyaton Soro, who has reported that his sister was found missing from home since 26.05.2018 and could not be traced. The FIR lodged before the Officer In-Charge Laitumkhrah PS, Shillong was forwarded to the Officer In-Charge Mawlai PS for necessary action, since by then, the dead body of the said sister of the informant was recovered from Mawiong View Point, GS Road.
4. In course of investigation, the accused was arrested one 13.05.2018 as a suspect along with one Shri Santosh Kumar Shah. On completion of the investigation, the Investigating Officer (I/O) filed the charge sheet before the concerned Judicial Magistrate First Class, Shillong indicating an established prima facie case against the petitioner herein and which case was registered as GR Case No. 40(A)of 2018 u/s 302/201/34 IPC. I
The entitlement of an under-trial prisoner to not be detained in jail custody for an indefinite period, as it violates Article 21 of the Constitution, and the importance of speedy trial.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged incarceration without trial can justify the grant of bail, even for serious offenses.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged incarceration without trial is impermissible.
Delay in criminal trial has been held to be in violation of right guaranteed to an accused under Article 21 of Constitution of India.
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 legal position relating to grant of bail in heinous offences like murder was emphasized, highlighting the need for prima facie reasonable grounds to believe that the accused had committed the off....
The denial of bail based solely on the nature of the crime violates the right to a speedy trial under Article 21, especially in cases with prolonged detention awaiting trial.
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