Constitution of India, 1950
Article 21—Right to speedy trial—Right of a speedy and fair trial to an accused is an integral part of Article 21 of the Constitution of India—It is the constitutional duty of all the organs of the State to ensure speedy justice.
[Para 23]
Criminal Procedure Code, 1973
Section 439—Bail—Murder case—Trial has not commenced on account of delay on part of the FSL in submitting the report—FSL in turn says that there are several requests for urgent reports and there is a dreath of staff—High Court criticizes the delay in forensic reports—After considering the factors such as the nature, gravity and seriousness of the accusation levelled against the petitioner, the potential severity of the punishment that is likely to be inflicted on him, that he has no roots in the State and the anticipated risk of him fleeing from justice, the court is not inclined to order his release on bail, but in the peculiar facts and circumstances of the case especially since the FSL report has now been submitted before the court below, the Sessions Judge directed to expedite the trial in present case in precedence to other pending matters, which will do complete justice to both sides—Application dismissed. [Indian Penal Code, 1860, Section 302]
[Paras 24 to 28]