BHANWAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The issue that arises for consideration in all connected matters is a recurring theme in the criminal law process in the State of Uttar Pradesh and is arising regularly in bail applications before this Court. The failure of the police to serve summons and execute coercive processes issued by the court and its consequences on the fundamental rights of liberty of an accused and fair administration of right of bail arise in these cases directly have to be addressed squarely. The status reports sent by the learned trial courts reveal that the trials are being delayed as the police authorities did not serve summons and execute coercive measures in a timely manner to compel appearance of the witnesses on the appointed date in the trial. The status reports are made part of the records.

(2.) Right of bail arises from Sec. 439 of Code of Criminal Procedure,1973 [hereinafter referred to as the Cr.P.C.].

(3.) With coming of the Constitution and development of constitutional law, the statutory domain of bails transformed into constitutional jurisdiction.