The Delhi High Court ruled that the right to speedy trial under Article 21 of the Constitution is not an automatic reason for every undertrial to be granted bail. Justice Anup Jairam Bhambhani emphasized that the larger interests of society must outweigh an individual’s rights, particularly when the undertrial has serious criminal records.
Bail Denied To Neeraj Bawaniya
Gangster Neeraj Sehrawat, also known as Neeraj Bawaniya, sought bail in connection with a 2015 murder case involving the deaths of two jail inmates. The victims were allegedly strangled in a jail van, with Bawaniya among the accused. However, Bawaniya denied the charges. The argument that prisoners are not allowed to carry items like towels or ropes that could be used for strangulation.
Recidivism And Criminal Antecedents
The court noted Bawaniya’s long history of criminal involvement, including crimes committed while on bail in other cases. The judge expressed concern over his recidivistic tendencies. Thus, stating that his previous convictions raised doubts about his potential to commit further crimes if released.
Larger Interests Of Society
Justice Bhambhani rejected the argument for bail. Thus, highlighting that the right to a speedy trial must be balanced with the safety of society. The court stressed that factors like the severity of the crimes. The individual’s criminal history cannot be overlooked in deciding bail.
