Writ Court can’t compel filing of charge-sheets or fix rigid trial timelines; it may affect Investigating Officers’ discretion: Supreme Court
A litigant cannot be placed in a worse position merely for having approached the court.
A litigant cannot be placed in a worse position merely for having approached the court.
In the present case seeking regular bail by the accused, the charge-sheet comprising about 10,000 pages was filed over 1 year ago citing 49 prosecution witnesses, but charges are yet to be framed. Therefore, the Court stated that it is obvious that trial will take a long time to conclude.
The Court quashed the complaint, charge sheet, and charges framed by the Designated Special Court, Srinagar, under the PMLA.
The Court opined that materials available on records do not suggest that there are reasonable grounds to believe that respondent is not guilty of committing the offences under Sections 20(b)(ii)(C), 25, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
While considering the complexities introduced by dating apps like Bumble, the court balanced the need for bail with the imperative of upholding the integrity of the trial process.
Calcutta High Court dismissed all the three criminal revision applications seeking quashing of the criminal proceedings and deemed them groundless.
“During the said period of trial, there is no occasion for the applicant to keep him languishing behind the bars, as it would serve no purpose especially in view of the aforesaid and as it is a trite law that no person is presumed guilty until proven otherwise.”
The Court observed that there is an increase in the cases of sexual offenses against the child. The child sexual abuse cases demonstrate the inhumane mindset of the accused. There is an adverse impact of the incident on the victim, on her family members, and even on society.
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