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1 - 10 of 12 (0.33 seconds)Section 34 in The Indian Penal Code, 1860 [Entire Act]
Kanchan Sharma vs The State Of Uttar Pradesh on 17 September, 2021
5. The first bail application of applicant was rejected by this Court by a detailed order dated 07.12.2022 passed in Criminal Misc. Bail Application No. 55838 of 2022 (Karan Sharma Vs. State of U.P.). For ready reference, the order dated 07.12.2022 is reproduced herein under:
Section 161 in The Code of Criminal Procedure, 1973 [Entire Act]
State Of Uttar Pradesh vs Shiv Charan Sharma And Ors. on 6 April, 1981
4. This repeat application for bail has been filed by applicant-Karan Sharma seeking his enlargement on bail in Case Crime No. 118 of 2022 under Sections 302, 34 I.P.C., Police Station-Lalganj, District, Mirzapur during the pendency of trial i.e. Sessions Trial No. 306 of 2022 (State Vs. Karan Sharma and others), under Sections 302, 341 I.P.C.. Police Station-Lalganj, District, Mirzapur now pending in the Court of Sessions Judge, Mirzapur.
Section 106 in The Indian Evidence Act, 1872 [Entire Act]
Section 437 in The Code of Criminal Procedure, 1973 [Entire Act]
Abdul Rehman Antulay & Ors vs R.S. Nayak & Anr on 10 December, 1991
It is then contended by the learned counsel for applicant that right to speedy trial is now recognized as a fundamental right of an accused. Admittedly, the applicant is in jail, therefore, he cannot be held responsible for the delay in the progress of trial. Therefore liberty of applicant cannot be curtailed on account of lackadaisical approach of the prosecution in pursuing the trial. To buttress his submission, he has relied upon the judgement of Apex Court in A. R. Antulay Vs. R. S. Nayak (1992) 1 SCC 225. On the above conspectus, he contends that since an accused has the right to speedy trial and the said right of the applicant stands infringed, therefore applicant is liable to be enlarged on bail.