The Bombay High Court recently granted bail to a man accused in a rape case, emphasizing that it is the State's constitutional duty to establish procedures that guarantee a speedy trial.

“Speedy trial is one of the facets of right to life and liberty guaranteed under Article 21 of the Constitution of India. Speedy trial is an essential ingredient of “reasonable, fair and just” procedure guaranteed by Article 21 and it is the constitutional obligation of the State to device such a procedure as would ensure speedy trial to the Accused,” the order reads

Justice Madhav Jamdar of the Bombay High Court, sitting as a single-judge bench, recently heard a bail application filed by a 24-year-old man accused of rape, who had been arrested at the age of 20. This was his second bail application, the first having been withdrawn with permission to reapply if there was no progress in the trial within six months.

The applicant had been in custody since December 12, 2020, for a period of 3 years and 10 months. He argued that although the charge sheet was filed on February 7, 2021, and charges were framed on August 22, 2022, the trial had seen no significant progress, with only one witness examined so far. He also informed the court that his father had passed away during his incarceration, leaving no one to care for his mother.

Opposing the bail, the Public Prosecutor maintained that the available evidence, including the F.I.R., the victim's statement recorded under Section 164 of the CrPC, the medical report, and other material, pointed to the applicant's involvement in a grave offence

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