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1 - 10 of 10 (0.26 seconds)Section 420 in The Indian Penal Code, 1860 [Entire Act]
Section 467 in The Indian Penal Code, 1860 [Entire Act]
Section 468 in The Indian Penal Code, 1860 [Entire Act]
Section 471 in The Indian Penal Code, 1860 [Entire Act]
Section 439 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Dataram Singh vs The State Of Uttar Pradesh on 6 February, 2018
6. The veracity of the allegations leveled against the petitioner shall be
established during the course of the trial. Admittedly, the petitioner has
undergone actual custody of 07 months and 26 days and there is no other case
pending against him. Out of total of 08 prosecution witness, one prosecution
5 of 7
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Neutral Citation No:=2024:PHHC:158792
CRM-M-42892-2024 6
witness has been examined till date. The conclusion of trial will take a
considerable period and further detention of the petitioner will not serve any useful
purpose and will be violation of Article 21 of the Constitution of India including
the right to speedy trial, and is against the principle "Bail is a rule, jail is an
exception" as elucidated in the judgment of Apex Court in "Dataram Singh vs.
State of Uttar Pradesh and another", (2018) 3 SCC 22.
Abdul Rehman Antulay & Ors vs R.S. Nayak & Anr on 10 December, 1991
7. Deprivation of personal liberty without ensuring speedy trial is not
consistent with Article 21. While deprivation of personal liberty for some period
may not be avoidable, period of deprivation pending trial/appeal cannot be unduly
long. The Apex Court in "Abdul Rehman Antulay and others v. R.S. Nayak and
another", 1992(2) RCR (Criminal) 634 observed that Right to Speedy Trial
flowing from Article 21 encompasses all the stages, namely the stage of
investigation, inquiry, trial, appeal, revision and retrial.
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