KIMTI LAL ALIAS JHOTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) KIMTI Lal @ Jhota is seeking bail under Section 439 Cr.P.C. in a case of murder. The incident took place outside Shaifali Hotel, Karnal on the night of June 18, 2000. Varinder Gaba was allegedly struck on the face by Kimti Lal with a broken glass bottle in what was probably a drunken brawl. Varinder Gaba was evacuated to P.G.I. Chandigarh where he later died.

(2.) KIMTI Lal was arrested on July 2, 2000, final report against him and his co-accused was filed on September 22, 2000 whereafter all of them were committed to the Court of Sessions for trial. Five witnesses were examined on July 9, 2001 but on February 28, 2002 a supplementary report under Section 173 Cr.P.C. was filed and trial commenced afresh.

(3.) THE Supreme Court has in a number of judgments (Hussainara Khatoon (I) v. Home Secy., State of Bihar, 1980 SCC (Cri) 23, Abdul Rehman Antulay v. R.S. Nayak, 1992 SCC (Cri) 93 : 1992(2) RCR(Cr.) 634 (SC), Raj Deo Sharma v. State of Bihar, (1998) 7 SCC 507 : 1998(4) RCR(Cr.) 396 (SC), Akhtari Bi (Smt.) v. State of M.P., (2001) 4 SCC 355 : 2001(2) RCR(Cr.) 302 (SC) and Bipin Shantilal Panchal v. State of Gujarat and another, (2001) 3 SCC 1 : 2001(1) RCR(Cr.) 859 (SC) repeatedly emphasised that long incarceration without trial cannot possibly be regarded reasonable, just or fair so as to be in conformity with the requirement of Article 21. Fair, just and reasonable procedure implicit in Article 21 of the Constitution creates a right in the accused to be tried speedily. Right to speedy trial flowing from Article 21 encompasses all the stages, namely the stage of investigation, inquiry, trial appeal, revision and retrial.