BOMBAY HIGH COURT: ARTICLE 21 OF CONSTITUTION APPLIES IRRESPECTIVE OF NATURE OF CRIME, ACCUSED CANNOT BE KEPT BEHIND BARS INDEFINITELY WITHOUT PROGRESS IN TRIAL

The Nagpur bench of Bombay High Court in the case Dattatray Shrikrushna Shejole vs State of Maharashtra observed and has granted bail to a man booked in a rape case observing that Article 21 of the Constitution of India will apply irrespective of the nature of the crime.

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The single-judge bench of Urmila Joshi-Phalke in its order dated August 06 stated that the accused was arrested on December 15, 2021, and was in custody since then.

The Judge in the case noted that an earlier bail application was withdrawn by the applicant with liberty to file a fresh petition if the trial did not commence within six months.

The Judge in its order noted that, ‘already one year has been passed and there is no progress in the trial. The present application is filed by the present applicant which being on the ground of delay in trial.’

Further, the bench in the case took into account the ‘certified’ copy of the trial court’s roznama, which showed that on several occasions the accused was not produced before the Court by the jail authority and therefore the charge was not framed.