Case Note & Summary
The petitioner, Damji Tingsa Pada, was apprehended by Gadchiroli Police on 5th August 2009 and shown arrested in three cases. During his detention, he was acquitted in one case and ordered to be released on bail in the second case. However, in the third case, Crime No.03/2007 of Kasansoor Police Station under Section 302 of the Indian Penal Code, he continued to be detained as an under-trial prisoner. The petitioner filed a Criminal Writ Petition before the Bombay High Court, Nagpur Bench, seeking release on bail on the ground that his continued detention for over two years without trial violated his right to speedy trial under Article 21 of the Constitution of India. The court considered the facts that the petitioner had been in custody since 5th August 2009, the trial had not commenced, and there was no likelihood of its conclusion in the near future. The court held that the right to speedy trial is a fundamental right under Article 21 and that the continued detention of the petitioner without trial was violative of this right. The court allowed the petition and directed the petitioner's release on bail on such terms and conditions as the trial court may impose.
Headnote
A) Constitutional Law - Right to Speedy Trial - Article 21 of the Constitution of India - Speedy Trial - Petitioner was an under-trial prisoner in three cases; acquitted in one, granted bail in another, but continued to be detained in a murder case (Crime No.03/2007) for over two years without trial - Held that continued detention without trial violates the fundamental right to speedy trial and personal liberty under Article 21, and the petitioner is entitled to be released on bail (Paras 1-14).
Issue of Consideration
Whether the continued detention of the petitioner as an under-trial prisoner for over two years in a murder case, despite his acquittal in one case and grant of bail in another, violates his right to speedy trial and personal liberty under Article 21 of the Constitution of India.
Final Decision
The court allowed the Criminal Writ Petition and directed the petitioner to be released on bail in Crime No.03/2007 of Kasansoor Police Station under Section 302 of the Indian Penal Code, subject to such terms and conditions as the trial court may impose.
Law Points
- Right to speedy trial
- Personal liberty
- Article 21 of the Constitution of India
- Section 302 of the Indian Penal Code
- 1860
- Section 167(2) of the Code of Criminal Procedure
- 1973
- Default bail
Case Details
2011 LawText (BOM) (08) 155
Criminal Writ Petition No.285 of 2011
Mrs. V.K. Tahilramani, M.L. Tahaliyani
Miss T.H. Udeshi (appointed) for the petitioner, Shri T.A. Mirza, A.P.P. for the respondents-State
The Superintendent, Nagpur Central Prison, Nagpur; The Superintendent of Police, District Gadchiroli; State of Maharashtra
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Nature of Litigation
Criminal Writ Petition seeking release on bail on the ground of violation of right to speedy trial under Article 21 of the Constitution of India.
Remedy Sought
The petitioner sought release on bail in Crime No.03/2007 of Kasansoor Police Station under Section 302 of the Indian Penal Code.
Filing Reason
The petitioner was an under-trial prisoner for over two years without trial, despite being acquitted in one case and granted bail in another, violating his right to speedy trial.
Previous Decisions
The petitioner was acquitted in one of the three cases and ordered to be released on bail in the second case. The third case (Crime No.03/2007) was pending trial.
Issues
Whether the continued detention of the petitioner as an under-trial prisoner for over two years in a murder case violates his right to speedy trial under Article 21 of the Constitution of India.
Submissions/Arguments
The petitioner argued that his continued detention without trial for over two years violated his fundamental right to speedy trial under Article 21 of the Constitution of India.
The respondents-State opposed the petition, but the court found that the trial had not commenced and there was no likelihood of its conclusion in the near future.
Ratio Decidendi
The right to speedy trial is a fundamental right under Article 21 of the Constitution of India. Continued detention of an under-trial prisoner without trial for over two years violates this right, and the prisoner is entitled to be released on bail.
Judgment Excerpts
The petitioner has stated that he was apprehended by Gadchiroli Police on 5th August, 2009 and was shown arrested in three cases.
During the course of his detention he was acquitted in one of the said three cases and was ordered to be released on bail in second case.
As far as third and last case i.e. Crime No.03/2007 of Kasansoor Police Station under Section 302 of the Indian Penal Code is concerned, it is stated that the petitioner is still in custody.
Procedural History
The petitioner was apprehended on 5th August 2009 and shown arrested in three cases. He was acquitted in one case and granted bail in another. He remained in custody in the third case (Crime No.03/2007) and filed Criminal Writ Petition No.285 of 2011 before the Bombay High Court, Nagpur Bench, seeking release on bail on the ground of violation of right to speedy trial. The court reserved judgment on 12th July 2011 and pronounced it on 2nd August 2011.
Acts & Sections
- Constitution of India: Article 21
- Indian Penal Code, 1860: Section 302
- Code of Criminal Procedure, 1973: Section 167(2)
