johan 21 December 2017
you may cite case of Hussain vs. Union of India & Ors. (Cr. App. 509/2017) or Aasu vs. St. of Rajasthan & Ors. ( Cr. App. 511/2017). In both these cases it was held by the Supreme Court that:
1. Speedy trial is a fundamental right u/Art. 21 of Constitution of India.
2.The High Courts may issue directions to subordinate courts that -
3. Bail applications be disposed of normally within one week;
4. Magisterial trials, where accused are in custody, be normally concluded within six months and sessions trials where accused are in custody be normally concluded within two years;
5. Efforts be made to dispose of all cases which are five years old by the end of the year
6. All bail applications must be decided by HC within 30 days.
7. All criminal appeals pending over 5 years & where accused is in custody must be decided expeditously.
8. Where an undertrial has completed period of custody in excess of the sentence likely to be awarded, if conviction is recorded, undertrial must be released on personal bond. Such an assessment must be made by the concerned trial courts from time to time
If there are any further queries you may have regarding your case, you may contact via e-mail on: basu_kunal@hotmail.com. I will be more than happy to help you out with legal procedures.
Regards
Advocate Kaybee