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High Court of Punjab and HaryanaCRM-M/64814/2025allowed

Chhavi Sharma v. State Of Punjab

2025-12-12Ms. Justice Rupinderjit Chahal4 pages



IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-64814-2025 Decided on : 12.12.2025 Chhavi Sharma ...... Petitioner

Versus

State of Punjab ...... Respondent CORAM : 



   *** Present :

Mr. Naresh Jain, Advocate for the petitioner.

Mr. Amritpal Singh Gill, DAG, Punjab for the respondent-State.

***     , J (ORAL)   

 

 

            

   



 

  

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The foundational concept of the criminal jurisprudence is to ensure speedy trial. The Hon'ble Supreme Court has repeatedly reiterated that right to speedy trial is enshrined in Article 21 of the Constitution of India. Speedy trial would cover investigation, enquiry, trial, appeal, revision and retrial etc. i.e. everything starting with the accusation against the accused and expiring with the final verdict of the last Court.

9.

In this regard, reference is being made to the law laid down by the Hon'ble Supreme Court in the context of right to speedy trial under Article 21 of the Constitution of India on the following decision:- Akhtari Bi Vs. State of M.P., (2001) 4 SCC 355, Surinder Singh Alias Shingara Singh Vs. State of Punjab, (2005) SCC (Crl) 1674, P. Ramachandra Rao Vs. State of Karnataka, (2002) 4 SCC 578, Babu Singh and others Vs. State of U.P., (1978) 1 SCC 579, Takht Singh and others Vs. State of M.P., (2001) 10 SCC 463; Special Leave to Appeal (Crl) No.2356 of 2010, Kushal Singh Vs. State of U.P. (2JJ.) and Fazal Vs. State of Uttar Pradesh, (2012) 5 SCC 752.  ) 

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"As observed by the High Court, merely on the basis of criminal antecedents, the claim of the second respondent cannot be rejected. In other words, it is the duty of the Court to find out the role of the accused in the case in which he has been charged and other circumstances such as possibility of fleeing away from the jurisdiction of the Court etc."

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