P&H: Bail granted in SC/ST Murder Case - Custody of 2 years 10 months 25 days - Speedy Trial Detailed Evaluation At Bail Stage Is Eschewed While Considering Continued Incarceration

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⚖️ Order Date: N/A
Headnotes

Bharatiya Nagarik Suraksha Sanhita, 2023, S.483, Indian Penal Code, 1860, Ss.303, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, S.3(2)(v) - Bail - Offence u/ss 303, 34 IPC and S.3(2)(v) of SC/ST Act -Eyewitness turned hostile and another material witness’s account being hearsay -...

Bharatiya Nagarik Suraksha Sanhita, 2023, S.483 - Bail - Veracity of allegations is to be assessed after conclusion of trial upon appreciation of evidence - Detailed evaluation at bail stage is eschewed while considering continued incarceration - Bail granted. (Para 8) 


Facts of the Case

P&H:  Bail granted in SC/ST Murder Case - Custody of 2 years 10 months 25 days - Speedy Trial Detailed Evaluation At Bail Stage Is Eschewed While Considering Continued Incarceration 

High Court granted bail in murder case setting aside a Sessions Court order that had refused him bail.

The case registered for offences under IPC Sections 303 and 34, later invoking Section 3(2)(v) of the SC/ST Act. The prosecution alleged that the deceased suffered a fatal injury from a broken liquor bottle during a quarrel. The appellant has been in custody of 2 years 10 months 25 days.

Before the High Court, the defence argued false implication, pointing out that the sole cited eyewitness turned hostile at trial and that the complainant’s version was hearsay. It was also submitted that the appellant had...

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