Case Note & Summary
The applicant, Swapnil s/o Chandrakant Kashikar, filed a criminal application before the Bombay High Court, Nagpur Bench, seeking bail in connection with Crime No.84 of 2024 registered at Ramnagar Police Station, District Chandrapur, for offences punishable under Sections 143, 147, 148, 149, 302, 120-B of the Indian Penal Code read with Section 135 of the Maharashtra Police Act, 1951, and Sections 4 and 25 of the Arms Act. The FIR was lodged by Nilesh Bhagwan Hiwrale alleging that the deceased Shiva used to work with the applicant as a contractor but later left. There were disputes over a two-wheeler purchased in the deceased's name. On 25.01.2024, the co-accused Himanshu called the deceased and abused him, and when the deceased came to the spot, the applicant assaulted him with a knife on a vital body part, and co-accused also assaulted him with fist and kick blows, leading to his death. The applicant was arrested on 26.01.2024, the charge-sheet was filed on 24.04.2024, and the case was committed to the Sessions Court on 06.05.2024. However, even after two years and four months, charges were not framed. The applicant's counsel argued that this delay violated his right to speedy trial under Article 21 of the Constitution of India and relied on the Supreme Court judgment in Abhimanue etc. vs State of Kerala (2025). The State opposed bail citing the seriousness of the offence. The court, considering the delay and the fact that the applicant had been in custody for over two years without trial, held that the right to speedy trial was infringed and granted bail on certain conditions, including furnishing a PR bond of Rs. 25,000 with one or two sureties, not tampering with evidence, not inducing witnesses, and not leaving the jurisdiction without prior permission.
Headnote
A) Criminal Procedure - Bail - Delay in Trial - Right to Speedy Trial - Article 21 of the Constitution of India - Applicant arrested on 26.01.2024 for offences under Sections 143, 147, 148, 149, 302, 120-B IPC, etc. - Charges not framed even after two years and four months - Held that continued incarceration without trial violates Article 21 - Applicant granted bail on conditions (Paras 2-6).
Issue of Consideration
Whether the applicant is entitled to bail on the ground of delay in trial, violating his right to speedy trial under Article 21 of the Constitution of India.
Final Decision
The court allowed the application and granted bail to the applicant on the following conditions: (i) applicant to furnish PR bond of Rs. 25,000 with one or two sureties; (ii) applicant not to tamper with prosecution evidence or induce witnesses; (iii) applicant not to leave the jurisdiction of the trial court without prior permission.
Law Points
- Right to speedy trial
- Article 21 of the Constitution of India
- Delay in trial as ground for bail
- Bail in murder cases
