Smt. Punni Bai Nirmalkar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5277 of 2018

1. Smt. Punni Bai Nirmalkar W/o Late Budhuram Nirmalkar Aged About 64 Years R/oVillage- Bodra, Police Station- Arang, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Smt. Pramila Bai W/o Gajanand Nirmalkar Aged About 36 Years R/o- VillageBodra, Police Station- Arang, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through- Station House Officer, Police Station- Arang, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondent For Applicant :

Shri Navin Shukla, Advocate For Respondent / State :

Shri Lav Sharma, Advocate Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 10/08/2018 This is second application for grant of bail. First application was rejected by this Court on merits.

Repetition of bail application is mainly on the ground that the applicants are languishing in jail without expeditious conclusion of trial. Learned counsel for the applicants submits that right to speedy trial is a fundamental right and delay in trial violates the fundamental right. Therefore, the applicants may be granted bail. It is found that the applicants are in jail since 11/01/2018 and they are being tried for commission of offence under Section 302, 452, 323, 34 of IPC. This Court had earlier examined the application and on prima facie consideration, it was rejected. Therefore, in these circumstances, while this Court is not inclined to grant bail to the applicants as they are accused of having committed heinous offence, at the same time to ensure expeditious trial.

This bail application is accordingly rejected. The Trial Court is directed to conclude the trial as early as possible without granting unnecessary adjournment to any of the parties and securing presence of the witnesses through coercive process. Sd/- (Manindra Mohan Shrivastava) Judge Deepti