K. RAMACHANDRIAH, J.

( 1 ) (I) Whether pre-trial detention for years even in a murder case does not offend Art. 21 of the Constitution of India (COI)? (II) If so, can an under-trial prisoner in a murder case claim to be automatically released on bail in spite of the restrictions imposed on such prisoners u/s. 437, Cr. P. C. if there is no reasonable chance of the commencement of his trial in the near future even after his incarceration in jail for more than one year and 3 months? (III) Under what circumstances can an under-trial prisoner urge for his release on bail even in cases where he is accused of having committed heinous offence like murder which is punishable with death or imprisonment for life u/s. 302, IPC? (IV) Whether under such circumstances, an under-trial prisoner can invoke to his aid the bail provision u/s. 437 or 439, Cr. P. C. or the inherent powers of the High Court u/s. 482, Cr. P. C. or the writ jurisdiction under Art. 226 of the COI in order to come out of the precincts of jail pending his trial? these are the four focal points that are seriously canvassed by the learned counsel for the 22 under-trial prisoners out of a total number of 29 accused indicted for o

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