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Delhi HC Slams Bail Delays as Rights Violation, Frees Murder Accused After 4-Year Wait
In a pointed critique of judicial sluggishness, the on , granted to Amir , an accused in a 2021 murder case, lambasting the inordinate delays in hearing his plea. Justice Girish Kathpalia ruled that such prolonged pendency inflicts trauma on the incarcerated and breaches , marking a strong judicial nudge for faster bail resolutions even in grave crimes like murder.
From Street Quarrel to Courtroom Marathon
The case stems from FIR No. 654/2021 at , charging offences under . On the fateful day, complainant Anees and friends—including victims Shoaib and Sohail—were chatting when accused Hemant , Nursingh , and Amir arrived. A quarrel erupted: Hemant allegedly grabbed Shoaib from behind, Nursingh stabbed him fatally with a sharp object. As Sohail intervened, Amir reportedly held him, allowing Nursingh to stab him too. Shoaib died; Sohail survived and testified.
Amir has been in custody since —over four years by the hearing date. His languished 25 months in the despite an early hearing request, then shuttled across benches in the High Court since , finally landing before Justice Kathpalia.
Defense: Survival of Key Witness, Spur-of-Moment Clash
Amir's counsel, , argued the incident was a sudden flare-up, not premeditated. Crucially, Sohail—the one Amir allegedly held—survived, testified, and his account, read holistically, lacks credibility. With Amir's long incarceration and no deep evidence dive needed at bail stage, liberty should prevail. No risk of evidence tampering was implied, as public witnesses are done.
Prosecution's Stand: Opposition Tempered by Trial Progress
, aided by IO Inspector Prashant Anand , opposed bail but conceded a key point: all public witnesses examined, eliminating tampering fears if released.
Justice's Fury: Delay Itself a Punishment
Justice Kathpalia didn't delve into merits but zeroed in on systemic rot. Echoing media reports on the ruling, he expressed "genuine and polite" anguish over the
25-month
delay
and High Court adjournments. Drawing from
"a
,"
he stressed bail pleas—win or lose—mustn't drag on, as it torments the jailed accused and flouts
rights to life and liberty.
The judge integrated broader concerns: such pendency is a "matter of serious concern," causing
"trauma for the incarcerated accused and violation of his
."
Key Observations
"Before proceeding further, I must place on record the anguish... that for 25 months hisremained pending before thedespite his having filed early hearing application; and even before this court, the suffering did not reduce..."
"It is a matter of serious concern that bail applications remained pending for such inordinately long period before theas well as this court."
"It has been repeatedly observed inthat whether it be allowed or be dismissed, ashould not remain pending for such long periods. For, that in itself is a trauma for the incarcerated accused and violation of his."
Bail Granted: Liberty on Modest Terms
"Considering the above circumstances, I do not find any reason to further deprive liberty to the accused/applicant. Therefore, theis allowed and accused/applicant is directed to be released on bail subject to his furnishing a personal bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the."
The order mandates immediate transmission to the jail superintendent. Beyond freeing Amir, it signals courts to prioritize bail hearings, potentially easing undertrial burdens in India's clogged dockets—especially for those not flight risks or tamper threats post-witnesses.
