BANSI LAL Vs. U.T. OF J&K

JUDGEMENT

(1.) The applicant has moved the present application for grant of bail in the aforementioned case. He was arrested in the year 2006. He being a member of the police had been charged with for murder of innocent man projecting him to be a terrorist.

(2.) Learned senior counsel for the applicant submits that he has been in judicial custody for the past almost 18 years and has never come out on bail except for a few months on interim bail.

(3.) There are total 72 (Seventy two) witnesses in this case out of which only 28 have been examined in the past 17 (Seventeen) years. This Court is astound by the facts of this case. This is a clear cut case of violation of Article 21 on account of delayed trial. The trial is delayed at the stage of prosecution witnesses. The State is unable to show how the delay could be attributed to the applicant.