2023 (3) TMI 1537

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....-1). 2. Learned counsel for the petitioner contends that according to the medical opinion as is evident from medico legal report (Annexure P-2), there is nothing to suggest that the injuries alleged to have been attributed to the petitioner are dangerous to life and therefore, by no stretch of imagination offence under Section 307 of IPC, 1860 can be invoked qua him. He has also asserted that on the plain reading of the FIR itself, it is abundantly clear that the gun-shot alleged to have been hit on the foot of the complainant. 3. On the other hand, learned State counsel has produced custody certificate of the petitioner, which is taken on record. According to the custody certificate, the petitioner is behind the bars for the last 2 y....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....apse of more than two years, trial is proceeding at a snail pace at the hands of prosecution. 8. A Division Bench of this High Court in Rajender Singh vs. State of Haryana, 2022(2) R.C.R. (Criminal 85 has held that a right under Article 21 of the Constitution of India includes right to speedy trial and expeditious disposal which is also in public interest primarily showing concern on a following view point. (a) the period of remand and pre-conviction detention should be as short as possible. In other words, the accused should not be subjected to unnecessary or unduly long incarceration prior to his conviction; (b) the worry, anxiety, expense and disturbance to his vocation and peace, resulting from an unduly prolonged i....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t the time of granting bail, the criminal antecedents of the petitioner are to be looked into but at the same time it is equally true that the appreciation of evidence during the course of trial has to be looked into with reference to the evidence in that case alone and not with respect to the evidence in the other pending cases. In such eventuality, strict adherence to the rule of denial of bail on account of pendency of other cases/convictions in all probability would lend the petitioner in a situation of denial the concession of bail. 12. If such proposition is accepted and applied at least in this case wherein the petitioner has already faced 2 years, 3 months and 15 days of incarceration, keeping the petitioner inside is clearly vio....