Criminal Procedure Code, 1973
Section 439—Bail—Rejection of application by High Court—Appeal—FIR registered for the offences punishable under Sections 10, 13, 17, 38(1)(2), 40, 22A and 22C respectively of the Unlawful Activities (Prevention) Act, Sections 8(2), (3) and (5) of the Chhattisgarh Vishesh Jan Suraksha Adhiniyam and Sections 120B, 201 and 149 read with Sec. 34 of IPC—Case of prosecution that appellant was travelling in vehicle carrying articles ordinarily used relating in the Naxalite Activities—Appellant has been in custody as an under trial prisoner for last five years and has no other antecedents—Panch witnesses to recovery panchnama have also turned hostile—State has no idea as regards the time likely to be consumed to complete the recording of oral evidence—Howsoever serious a crime may be the accused has a fundamental right of speedy trial as enshrined in Article 21 of the Constitution—Where the number of witnesses is large, it is not necessary that everyone should be produced—Delays are bad for accused and extremely bad for the victims, for Indian society and for the credibility of our Justice System, which is valued—Judges are the masters of their courtrooms and the Criminal Procedure Code provides many tools for the Judges to use in order to ensure that cases proceed efficiently—Impugned order passed by the High Court is set aside—Appellant ordered to be released on bail forthwith subject to terms and conditions as may be imposed by the trial court—Appeal allowed.
[Paras 6, 7, 8, 13 & 15]