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The applicant submitted that his father had passed away while he was in custody, leaving no one to take care of his mother.
The Bombay High Court recently granted bail to a man booked in a rape case, observing that it is the constitutional obligation of the State to devise a procedure that ensures a speedy trial.
“Speedy trial is one of the facets of right to life and liberty guaranteed under Article 21 of the Constitution of India. Speedy trial is an essential ingredient of “reasonable, fair and just” procedure guaranteed by Article 21 and it is the constitutional obligation of the State to device such a procedure as would ensure speedy trial to the Accused,” the order reads
A single-judge bench of the Bombay High Court, comprising Justice Madhav Jamdar, heard a bail application filed by a 24-year-old man who was booked in a rape case and arrested when he was 20 years old.
This was the second bail application after the earlier one was withdrawn, with the court allowing him to file another application if there was no progress in the trial within six months.
The applicant had been incarcerated since December 12, 2020, for a period of 3 years and 10 months. He submitted that the charge sheet was filed on February 7, 2021, and the charge was framed on August 22, 2022. Despite this, there had been no progress in the trial, with only one witness being examined.
The applicant also submitted that his father had passed away while he was in custody, leaving no one to take care of his mother.
In response, the Public Prosecutor argued that the material on record indicated the applicant's involvement in a very serious offence. He highlighted the F.I.R., the victim's statement recorded under Section 164 of the CrPC, the medical report, and other evidence on record to oppose the bail application.
However, the high court granted bail to the applicant on the ground of long incarceration while noting that, “The Applicant is incarcerated since 12th December 2020 and still there is no possibility of the conclusion of trial in reasonable time. The Applicant is a young person of 24 years and when the offence took place he was of 20 years. Therefore, the Applicant is entitled for bail on the ground of long incarceration,” the order reads.
Case title: Digambar Uddhav Supekar vs State of Maharashtra
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