The Supreme Court on Monday said that bail must be considered regardless of the seriousness of a crime if the right to a speedy trial under Article 21 of the Constitution is violated, Live Law reported.
Article 21 guarantees the right to life and personal liberty.
A bench of Justices JB Pardiwala and Vijay Bishnoi made the remarks while granting bail to a man accused of murder who had been in judicial custody since November 1, 2022, and had spent nearly four years in jail without any witness being examined.
A first information report had been filed against the man under sections of the Indian Penal Code pertaining to murder, read with the provision on crimes committed by several persons to further a common intention.
After his petition for bail was denied by the Kolhapur bench of the Bombay High Court, the man moved the Supreme Court.
On Monday, the Supreme Court took into account his prolonged incarceration and noted that there were no reasonable prospects of the trial being completed in the near future.
“We are mindful of the fact that the petitioner is charged with the offence of murder,” Live Law quoted the bench as saying. “But time and again, we have said that howsoever serious the crime may be, if the right of speedy trial...
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