Timely trial is a fundamental human right, says Chhattisgarh high court

RAIPUR: Chhattisgarh high court has reiterated that an expeditious trial is the “fundamental human right” of an undertrial while granting bail to a suspect whose bail pleas had been rejected thrice earlier in a case punctuated by procedural lapses.
Acknowledging that the applicant was in detention for over two years and five months, Justice Deepak Kumar Tiwari granted him bail, emphasizing the necessity for procedural integrity and timely justice.
The accused was arrested in connection with a fraud in Nagarnar, Bastar, and was booked under IPC sections 420, 409, 467, 468, and 471.
The first bail application was dismissed on May 13, 2022, citing the serious nature of the allegations despite the defence highlighting the lack of a handwriting expert report.
The second bail plea was rejected on March 15, 2023, as the court pointed out “continued procedural deficiencies” and critical evidence issues, including the non-submission of an enquiry report and “improper service of process by the prosecution”.
After this, a special leave petition was filed in the Supreme Court, which ordered an expedited trial with a deadline of Dec 31, 2023. The third bail application, however, unveiled persistent delays, such as late filing of the handwriting expert’s report and non-listing of key witnesses.
The high court, in response to these ongoing issues, 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 court revealed that the investigating officer failed to provide the prosecution office with the chargesheet, emphasizing the urgency for better compliance with procedural mandates as outlined by the Bharatiya Nagarik Suraksha Sanhita, 2023.
The court highlighted the importance of strict adherence to procedural protocols, and urged the director general of police to implement standard operating procedures for charge sheet submissions and ensure adequate resources, such as photocopy machines, at police stations.