Court Cites Prolonged Custody and Lack of Evidence Against Petitioner; Emphasizes Right to Speedy Trial
In a significant ruling, the Punjab and Haryana High Court has granted bail to Ravi Kumar, who was arrested in connection with the alleged kidnapping and murder of Charis Goyal, a 19-year-old student. The decision, rendered by Justice Surya Partap Singh, underscores the principles of presumption of innocence and the right to a speedy trial, as enshrined under Article 21 of the Constitution of India.
Ravi Kumar, father of the primary accused Mukul Mittal, had been in custody for over nine and a half months. The court noted that the Special Investigation Team (SIT) findings did not indicate any active role of the petitioner in the commission of the offence. The SIT had determined that the incident, which led to Charis's death, involved an argument between her and Mukul Mittal, resulting in Mukul pushing Charis into a canal.
Justice Singh highlighted that Ravi Kumar's prolonged detention was not serving any useful purpose, especially given the unlikelihood of the trial concluding soon. The court emphasized that the detention of an individual should be an exception, with bail being the norm, a principle reinforced by Supreme Court precedents such as 'Dataram v. State of Uttar Pradesh' and 'Satender Kumar Antil v. Central Bureau of Investigation'.
The court also referred to the Supreme Court's observations in 'Tapas Kumar Palit v. State of Chhattisgarh', stressing that delays in trial violate the fundamental right to a fair and speedy trial. Justice Singh reiterated that the judicial discretion in granting bail should consider the fundamental rights of the accused and the facts of the case.
The petitioner was granted bail on the condition of furnishing a personal bond and surety to the satisfaction of the trial court. Additional conditions included not making any inducements to witnesses, notifying any address changes, and not leaving the country without court permission.
This judgment serves as a reminder of the judiciary's commitment to uphold fundamental rights and ensure that justice is not delayed, thus averting the potential for grave injustice.
Bottom Line:
Grant of bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 - Principles of presumption of innocence, right to speedy trial under Article 21 of the Constitution of India, and discretion in granting bail reiterated.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Bharatiya Nyaya Sanhita, 2023 Sections 103, 238, 239, 249, Constitution of India Article 21
Ravi Kumar v. State of Punjab, (Punjab And Haryana) : Law Finder Doc Id # 2841217
