Can an Accused who hampers Trial Progression seek Bail for Delay in Trial? NO says HC, Read Order

The Andhra Pradesh High Court has denied bail to an accused who it found has time and again hampered the Trial proceedings.

The single-judge bench of Justice Cheekati Manavendranath Roy observed that accused cannot be allowed to take advantage of his own dilatory tactics.

The case of prosecution was that assailants in this case entered the office of Mayor in Chittoor District along with a pistol by wearing masks and trespassed into the chambers of Mayor during day time and committed murder of the Mayor and shot her at point blank with a pistol and thereafter created a panic situation in the office by threatening the officials in the office of the Mayor and left the scene of offence. The Mayor died on account of the gunshot injuries sustained in the hands of assailants. The said gruesome murder was committed in broad day light in pursuance of the conspiracy that is hatched up among all the accused in this case. It was stated that the petitioner herein who is A-6 is the main person behind conspiracy which was hatched up and he is responsible for the murder of the Mayor that took place on the date of offence.

Learned Counsel for the petitioner agrued that he is languishing in jail for past seven year on mere charge of conspire to murder with other accused.

Opposing the bail plea, the Learned Additional Public Prosecutor submitted that the petitioner is the main person who is responsible for hatching up conspiracy and murder of the Mayor. He averred that the petitioner is influenced person and if he is released on bail, he would tamper with the prosecution evidence and thereby prayed for dismissal of the petition.

The Court noted that the trial court has to complete the trial of the case within three months but the same didn't happen within a stipulated time period. Report sought from Session Judge revealed that that the trial could not be completed within the stipulated time on account of hurdles created by the accused in this case. The Court also took into consideration series of events that occur additionally and concluded that the petitioner was faulty for delaying the trial.

"As can be seen from the aforesaid events and also the report of the Sessions Judge, it is evident that as hurdles are being created by the accused from time to time that the trial could not be completed till now. Therefore, the petitioner cannot seek bail on the ground of delay of trial of the case."

When the accused are responsible for the delay in completing the trial of the case, they cannot take advantage of their own dilatory tactics and seek bail on that ground, the Court ruled.

Taking pragmatic view on prosecution's contentions as well, the bail plea was thus dismissed by the Court.

Read Order Here:

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