Rais @ Babloo vs State of Uttaranchal

P.C. Verma, J.—Heard learned Counsel for the applicant and learned G.A.

Applicant is facing prosecution under Sections 302 & 120-B of the I.P.C. Crime No. 670 of 1999, R S. Kashipur, District Udham Singh Nagar. The learned Counsel for the applicant submits that the charge-sheet was submitted on 28.8.1999 and the case was committed to the court of Sessions on 26.4.2000 but the charged have not been framed so far and there is No. progress in the trial. According to the various decisions of the Apex Court the speedy trial is a fundamental right and in case the trial is not expeditiously held, the applicant is liable to be released on bail. I find force in the conteranation of the learned Counsel for the applicant. The learned Counsel for the applicant has filed the copy of the order dated 19.5.2000 which shows that the case was adjourned as the Presiding officer was on leave. It shows that the trial is lingering and is not being held expeditiously. Therefore, the applicant Rais alias Babloo is released on bail on his furnishing a personal bond with adequate sureties in the like amount to the satisfaction of C..J.M. Udham Singh Nagar.