Says Prolonged Incarceration Without Timely Trial Shocks Judicial Conscience; Invokes Article 32 to Protect Right to Liberty
New Delhi, July 18: In a significant ruling reinforcing the constitutional right to personal liberty, the Supreme Court of India has granted bail to a Jammu and Kashmir man accused in a murder case after he spent more than nine years and two months in judicial custody without the conclusion of his trial.
A Bench comprising Justice M.M. Sundresh and Justice Prasanna B. Varale exercised its extraordinary jurisdiction under Article 32 of the Constitution while allowing the writ petition, observing that the prolonged incarceration coupled with the slow pace of the trial had “shocked the judicial conscience” of the Court.
The apex court directed that the accused be released on bail, subject to terms and conditions to be determined by the concerned trial court.
The petitioner is facing prosecution under Sections 302, 382, 201 read with Section 34 of the Ranbir Penal Code. During the hearing, the Court noted that despite the accused remaining in custody for over nine years, only 12 out of 30 prosecution witnesses had been examined, and there was nothing on record to suggest that the delay was caused by the accused.
The Bench further observed that the petitioner was a teenager at the time of the alleged offence and that the prosecution’s case is primarily based on circumstantial evidence, factors which were also taken into consideration while granting relief.
Reaffirming the well-established legal principle that “bail is the rule and jail is the exception,” the Supreme Court stressed that when an accused remains in custody, both the judiciary and the prosecution have a constitutional obligation to ensure that the trial is conducted without unnecessary delay.
Holding that the prolonged detention in the present case warranted intervention, the Court allowed the petition and ordered the petitioner’s release on bail, leaving it to the trial court to impose appropriate conditions before his release.(KNC)
