Case Note & Summary
The petitioner, Shaheed Pasha @ Chota Shaheed, was accused No.1 in S.C.No.586/2018 pending before the LXVI Additional City Civil and Sessions Court, Bengaluru, for the offence punishable under Section 302 read with Section 34 IPC. The case arose from Crime No.379/2017 registered by D.J. Halli Police Station. It was alleged that due to previous ill-will, the petitioner and two other accused conspired to murder Shaikh Rizwan. On 21.12.2017 at 11.45 p.m., they secured the victim near Umar Farooq Masjid road, and the petitioner stabbed the victim on his chest with a dagger, while accused Nos.2 and 3 assaulted him on his hand, resulting in his death. The petitioner had been in custody since 22.12.2017. His previous bail application in Crl.P.No.6041/2018 was dismissed on 22.11.2018. The present petition was filed under Section 439 CrPC seeking bail. The court noted that the petitioner had been in custody for about 2 years and 7 months, the trial had not yet commenced, and only one witness had been examined. The court held that further detention would be violative of Article 21 of the Constitution and granted bail subject to conditions including executing a personal bond of Rs.1,00,000 with two sureties, surrendering passport, appearing before the court regularly, and not tampering with evidence.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Long Incarceration - The petitioner, accused of murder under Section 302 read with Section 34 IPC, had been in custody since 22.12.2017. The trial had not commenced and only one witness was examined. The court held that further detention would be violative of Article 21 of the Constitution and granted bail subject to conditions. (Paras 1-5)
Issue of Consideration
Whether the petitioner, accused of murder under Section 302 read with Section 34 IPC, is entitled to bail under Section 439 CrPC given the long period of incarceration and delay in trial.
Final Decision
The petition is allowed. The petitioner shall be released on bail in Crime No.379/2017 of D.J. Halli Police Station, subject to executing a personal bond of Rs.1,00,000 with two sureties for the likesum to the satisfaction of the trial court. The petitioner shall surrender his passport, appear before the court on all hearing dates, and not tamper with prosecution evidence.
Law Points
- Bail under Section 439 CrPC
- Long incarceration
- Trial delay
- Right to speedy trial
- Section 302 IPC
- Section 34 IPC
