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TMI Blog2023 (3) TMI 1537X X X X Extracts X X X X X X X X Extracts X X X X ..... on. A Division Bench of this High Court in RAJENDER SINGH VERSUS STATE OF HARYANA [ 2022 (1) TMI 1471 - PUNJAB AND HARYANA HIGH COURT] 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. This Court would go little further to consider that there is a difference between grant of bail under Section 439 and 438 of Cr.P.C., as compared to suspension of sentence under Section 389 of Cr.P.C.. In the case of suspension of sentence, the conviction order is already there whereas while considering the petition either under Section 438 or 439 Cr.P.C., there may be presumption of innocence which in fact is a fundamental postulate of criminal jurispr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IL, J (ORAL) This is a petition seeking regular bail in FIR No. 32, dated 18.02.2020, under Sections 307, 323, 506, 148, 149 of IPC, 1860 and Section 25, of Arms Act (Sections 54 and 59 of Arms Act added later on) registered at Police Station Jodhewal, Division No. 5, District Ludhiana (Annexure P-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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and sentence stands suspended in the case where he has been convicted in FIR No. 302 dated 23.11.2016 under Sections 307, 452, 323, 324, 325, 427, 148, 149, 506, 369 of IPC, registered at Police Station Jodhewal, this Court cannot lose sight of the fact that after a lapse 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 sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... art from suspended sentence in FIR No. 302 dated 23.11.2016 under Sections 307, 452, 323, 324, 325, 427, 148, 149, 506, 369 of IPC, registered at Police Station Jodhewal, in which he was convicted for 3 years RI. No doubt, at 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 co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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