Habitual offender granted regular bail as prolonged pre-conviction detention violates Article 21 right to speedy trial

Punjab and Haryana HC granted regular bail to petitioner despite being involved in two other cases and being labeled a habitual offender. The court emphasized that right to speedy trial under Article 21 cannot be denied and pre-conviction detention should be minimal. While criminal antecedents are relevant for bail consideration, evidence appreciation during trial must focus solely on the specific case, not other pending matters. The court held that strict denial of bail due to other pending cases would likely result in prolonged detention without bail. Petitioner ordered released on furnishing appropriate bail bonds.

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Issues:
1. Relief sought for grant of regular bail in a criminal case under Sections 304, 34 IPC.
2. Delay in lodging FIR, turning of material witness hostile, lack of incriminating evidence connecting the petitioner to the offense.
3. Argument for petitioner's release based on custody period, bail granted to co-accused, delay in trial, and principles of bail as per Supreme Court judgments.
4. State's opposition based on petitioner's criminal record and involvement in other cases.
5. Decision to grant regular bail to the petitioner.

Analysis:
1. The petitioner sought relief for regular bail in a criminal case under Sections 304, 34 IPC. The jurisdiction of the Court was invoked for the third time under Section 439 Cr.P.C. The FIR detailed the prosecution story involving the death of the petitioner's son due to intoxicant overdose supplied by certain individuals. The complainant accused specific persons of supplying intoxicants leading to the son's death.

2. The delay in lodging the FIR, turning of the material witness hostile, and lack of incriminating evidence connecting the petitioner to the offense were raised as contentions. The petitioner's counsel argued that the delay in lodging the FIR and the hostile witness weakened the prosecution's case against the petitioner. It was highlighted that the co-accused had already been granted bail, indicating a discrepancy in treatment.

3. The analysis considered various factors, including the petitioner's custody period, bail granted to the co-accused, delay in trial proceedings, and principles of bail as per Supreme Court judgments. The Court noted the significant delay in trial progress, with only one out of 17 prosecution witnesses examined. Citing the Apex Court's judgment in "Dataram versus State of Uttar Pradesh," the Court emphasized the general rule of granting bail and the importance of a humane approach in judicial decisions.

4. The State opposed the petitioner's release based on his criminal record and involvement in other cases. However, the Court referred to a previous order highlighting that bail decisions should primarily consider the evidence and circumstances of the current case, rather than solely relying on past criminal antecedents.

5. Ultimately, the Court decided to grant regular bail to the petitioner based on the analysis of factors such as the custody period, delay in trial, and principles of bail. The petitioner was directed to be released on furnishing bail and surety bonds, with a clarification that the decision did not reflect an opinion on the case's merits.

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