9911796707
TMI Blog2025 (3) TMI 672X X X X Extracts X X X X X X X X Extracts X X X X ..... for the purpose of grant of bail, more particularly, looking into the evidence which has come on record. However, this is a case in which the appellant is in custody as an under trial prisoner since 24th March, 2020. He has no other antecedents. The panch witnesses to the recovery panchnama have also turned hostile - It's been now 5 years that he is in judicial custody. The learned counsel appearing for the State has no idea as regards the time likely to be consumed to complete the recording of the oral evidence. The Special Judge should inquire with the Special Public Prosecutor why he intends to examine a particular witness if such witness is going to depose the very same thing that any other witness might have deposed earlier. We may s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt herein (original accused) and thereby declined to release him on bail in connection with Sessions Case No. 32/2020 arising from the First Information Report bearing no.9/2020 dated 24th March, 2020 registered for the offence punishable under Sections 10, 13, 17, 38(1)(2), 40, 22-A and 22-C respectively of the Unlawful Activities Prevention Act, 1967 (for short "the UAPA"), Sections 8(2), (3) and (5) of the Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005 and Sections 120B, 201 and 149 read with 34 of the Indian Penal Code, 1860. 3. It is the case of the prosecution that the appellant herein on 24th March, 2020 was travelling in a vehicle bearing registration no. CG-07/AH-6555. The police had information that the above numbered veh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecording of the oral evidence. 9. In such circumstances, we are left with no other option but to order release of the appellant on bail. We do not undermine the seriousness of the crime that has been alleged. 10. However, many times we have made ourselves very clear that howsoever serious a crime may be the accused has a fundamental right of speedy trial as enshrined in Article 21 of the Constitution. 11. Before we close this matter, we would like to observe as to why the Public Prosecutor wants to examine 100 witnesses. Who are these 100 witnesses? We are aware that it is the public prosecutor who could be said to be in-charge of the trial and he has to decide who is to be examined and who is to be dropped. But at the same time, no usef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... witness is going to depose the very same thing that any other witness might have deposed earlier. We may sound as if laying some guidelines, but time has come to consider this issue of delay and bail in its true and proper perspective. If an accused is to get a final verdict after incarceration of six to seven years in jail as an undertrial prisoner, then, definitely, it could be said that his right to have a speedy trial under Article 21 of the Constitution has been infringed. The stress of long trials on accused persons - who remain innocent until proven guilty - can also be significant. Accused persons are not financially compensated for what might be a lengthy period of pretrial incarceration. They may also have lost a job or accommodat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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