Expeditious trial is a fundamental human right, says CG HC

Raipur: In a significant ruling, the Chhattisgarh High Court, reasserted that an expeditious trial is a fundamental human right of an under-trial. This judgment was delivered by Justice Deepak Kumar Tiwari, addressing procedural lapses in a case involving charges under Sections 420, 409, 467, 468, and 471 of the IPC.
The accused was detained in connection with fraud crime at Nagarnar Police Station, Bastar.The first bail application of the accused was dismissed on May 13, 2022, citing the serious nature of the allegations despite defence highlighting the lack of a handwriting expert report.
The second bail application faced rejection on March 15, 2023, as the court pointed out continued procedural deficiencies and critical evidence issues, including the non-submission of an enquiry report by Mukteshwar Gedam and improper service of process by the prosecution.
Following these rejections, a special leave petition led the Supreme Court to direct an expedited trial, setting a deadline of December 31, 2023, for its conclusion. The third bail application, unveiled delays, such as the late filing of the handwriting expert report and the non-listing of key witnesses.
The High Court, directed the trial court to "proceed on a day-to-day basis" and asked for a report from the District Judge. An affidavit submitted in the court revealed that the investigating officer failed to provide the prosecution office with the charge sheet, emphasizing the urgency for better compliance with procedural mandates as outlined by the Bharatiya Nagarik Suraksha Sanhita, 2023.
Acknowledging detention of two years and five months, the HC granted bail to the petitioner.
The court directed Director General of Police to implement SOPs for charge sheet submissions and ensure adequate resources, such as photocopyiers in police stations.