Criminal Procedure Code, 1973
Section 439—Bail—Cheating case against builders—Bail cannot be denied because the investigation is still ongoing—Right to speedy trial and access to justice has been recognized as a fundamental right—Applicant has already undergone more than half of the period, the offence with which the applicant is charged with is punishable with imprisonment upto seven years—Court cannot let the applicant undergo long period of detention—If the court allows the continuing pre-trial incarceration, the same will amount to deprivation of personal liberty as well as travesty of justice as the same is equivalent to punishment without trial—Whether applicant was prevented by genuine reasons or there was actual diversion and misappropriation of funds are issues which can only be adjudicated when the applicant enters the witness box—Company is arraigned as the one of the accused—Role of applicant can only be ascertained once the trial takes place—Issues raised against applicant can only be adjudicated in trial—Bail granted.
[Paras 27, 28, 31, 36 & 43]