The right to a speedy trial under Article 21 of the Constitution is not absolute; it must be balanced against the societal interest of preventing the release of habitual offenders who possess significant criminal antecedents involving serious offences, as their potential for continued criminal activity outweighs individual liberty.

JUDGMENT :

M.M. NERLIKAR, J.

Heard.

2. By way of this application, the applicant is seeking bail in connection with Crime No.84 of 2024 registered with Ramnagar Police Station, District Chandrapur for the offences punishable under Sections 149, 148, 147, 302, 143, 120-B of the Indian Penal Code read with Section 135 of the Maharashtra Police Act, 1951, and Sections 4 and 25 of the Arms Act mainly on the ground of delay in trial.

3. The crime is registered on the basis of the report lodged by Nilesh Bhagwan Hiwrale on an allegation that the deceased Shiva used to work with the present applicant as a contractor however later he left. It is further alleged the present applicant had purchased two wheeler having Registration No.MH-34-1500 in the name of deceased. The said vehicle was on loan however as the loan installments were not paid regularly, there were disputes between the applicant, co-accused Himanshu and the deceased Shiva. On 25.01.2024, at around 8.00 PM Himanshu called the deceased and abused him in a filthy language and asked him to come in front of the office of present applicant. When the deceased came on spot, the present applicant assaulted the deceased by knife on his vital body part . The co-accused also assaulted the deceased with fist and kick blows. Subsequently, the deceased succumbed to the injuries. On the basis of the said report, police has registered the crime against the present applicant.

4. Learned Counsel for the applicant mainly raised the ground of delay in trial to release him on bail and submits that the FIR came to be registered on 26.01.2024 and the applicant was arrested on the same day. The Charge-sheet was filed on 24.04.2024 and the case was committed to the Sessions Court on 06.05.2024. Therefore, despite arrest of the applicant on 26.01.2024, till today even the charges are not framed though two years and four months have lapsed therefore, the applicant’s right to speedy trial under Article 21 of the Constitution of India has been violated. Therefore, the applicant prayed to be enlarged on bail on the ground of delay in trial. To substantiate the aforesaid arguments, reliance is placed upon the judgment of the Supreme Court in Criminal Appeal Nos.4197-4199 of 2025 (Arising out of SLP (Criminal) Nos.5814-5816 of 2025) of Abhimanue etc. vs State of Kerala dated 22.09.2025.

5. On the other hand, learned APP submits that the applicant is involved in the serious crime of murder and he has inflicted 14 injuries on the deceased. He invited my attention to the order of this Court whereby the bail application of the present applicant came to be rejected on merits against which the applicant had approached the Hon’ble Supreme Court by way of Special Leave Petition, which was also dismissed as the Supreme Court showed its disinclination to interfere with the order of this Court. It was submitted that now the applicant is claiming bail on the ground of delay in trial, which cannot be entertained in this peculiar factual background as the applicant is having 10 criminal cases registered against him, which are serious in nature which shows that the applicant is a habitual offender. To substantiate the said contention, he has invited my attention to the chart enclosed by the applicant with his additional affidavit disclosing the criminal antecedents, which is reproduced herein below :

6. I have considered the rival submissions and perused the record. It is not disputed that the applicant is behind the bars since 26.01.2024 and till today the charges are not framed. However, while balancing the right of the accused it is also necessary to see other parameters including criminal antecedents as it is well recognized that bail granted without due ap