Take Steps To Ensure Speedy Trial In Heinous Crimes & Crimes Against Women & Children: Supreme Court To Allahabad HC CJ

The Supreme Court on Thursday (September 5) requested the Chief Justice of the Allahabad High Court to take measures to ensure the speedy conclusion of trials, particularly in cases involving heinous crimes and crimes against women and children.A bench of Justice Hrishikesh Roy and Justice Sudhanshu Dhulia observed that delays in the trial were enabling accused persons charged with heinous crimes to seek bail on the grounds of prolonged trial.“it is noticed that there are many instances of prolonged trial and on that basis the accused who are charged with even heinous crimes, are getting the opportunity to seek bail. Since several such cases have come to the notice of this Court, we deem it appropriate to request the Hon'ble Chief Justice of the Allahabad High Court to take appropriate measures in coordination with State Authorities and the concerned Presiding Officer of the concerned Courts for ensuring expeditious conclusion of Trial particularly in heinous crimes and crimes against women and children”, the Court stated.The Court directed that a copy of its order be sent to the Chief Justice of the Allahabad High Court, the Chief Secretary of Uttar Pradesh, and the Legal Remembrancer of the State to take appropriate steps.The Court made these observations while granting bail to an undertrial who had been in custody for nearly seven years in connection with the unnatural death of his wife within six months of their marriage.The petitioner, accused of offence under Section 304B (dowry death) of the IPC, has been in custody since his arrest on December 1, 2017.Advocate Stuti Singh for the petitioner submitted that three other co-accused in the case had already been granted bail.Advocate Rachna Gupta for the State of Uttar Pradesh opposed the bail plea and informed the Court that seven witnesses have already been examined. Instead of granting bail, the Court should direct the expeditious conclusion of the trial, she said.However, the Supreme Court noted that the High Court had earlier directed that the trial be completed within six months. The deadline has passed, and despite the examination of seven witnesses, the prosecution still intended to call 10 more witnesses, the Court observed. This indicates that the trial is unlikely to conclude anytime soon, the Court opined.The Court said the petitioner's prolonged detention undermined the right to a speedy trial under Article 21 of the Constitution.“The continuous detention for prolonged period (7 years in this case) would undermine the right of expeditious trial guaranteed under Article 21 of the Constitution of India. Since the State has failed to ensure early conclusion of the trial notwithstanding time frame fixed by the High Court, a case for grant of bail is made out by the petitioner who is incarcerated in connection with his wife's death”, the Court held.Taking into account the circumstances and the fact that the co-accused had already been granted bail, the Court ordered the petitioner to be released on bail.Case no. – Special Leave to Appeal (Crl.) No. 8215/2024 Case Title – Mubarak Ali v. State of Uttar PradeshCitation : 2024 LiveLaw (SC) 669Click Here To Read/Download Order

Take Steps To Ensure Speedy Trial In Heinous Crimes & Crimes Against Women & Children: Supreme Court To Allahabad HC CJ

Amisha Shrivastava

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