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2026 Supreme(Bom) 34

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
PANKAJ MITHAL, S.V.N. BHATTI, JJ.
Amit Singh - Petitioner
Versus
State Of Chhattisgarh -  Respondent
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (CRL.) NO(S). 10561/2025, (IA No. 168009/2025 - EXEMPTION FROM FILING O.T.)
Decided On : 05-01-2026 

The right to timely trial is fundamental, and prolonged pre-trial detention may necessitate bail to uphold judicial fairness.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 439 - Bail - Petitioner arrested in connection with FIR No.0053/2024 and has undergone nearly two years of incarceration - Only 9 out of 29 witnesses have been examined, indicating that the trial will not conclude in the near future - Court finds it appropriate to grant bail considering the trial stage. (Paras 2, 3)

(B) Right to Liberty - The prolonged incarceration without trial weighs in favor of granting bail to ensure the right to a fair and timely trial is upheld. (Para 3)

Facts of the case:
The petitioner was arrested on 26.01.2024 following FIR No.0053/2024 and has been in custody for about two years, with a significant number of witnesses yet to be examined, which delays the trial process.

Findings of Court:
The court deemed it appropriate to grant bail in light of the extended duration of incarceration and the current status of the trial proceedings.

Issues: The main issue addressed was whether the petitioner should be granted bail given the lengthy trial process and duration of custody.

Ratio Decidendi: The court held that due to the significant delay in the trial and the length of pre-trial detention, it was fitting to grant bail, subject to certain conditions imposed by the trial court, thereby reinforcing the principle of timely and fair trial rights.

Result: Petition granted, and the petitioner is to be released on bail under specified conditions.

Table of Content
1. petitioner's detention and trial status. (Para 1 , 2)
2. grant of bail under specific conditions. (Para 3)
3. disposition of the special leave petition. (Para 4)

ORDER :

1. Heard learned counsel for the parties.

2. The petitioner is involved in connection with a case pursuant to FIR No.0053/2024 dated 25.01.2024. The petitioner was arrested on 26.01.2024 and has already undergone incarceration for a period of approximately two years. After the charge sheet was submitted, out of the 29 cited witnesses, 9 have been examined. The examination of the remaining witnesses is likely to take some time and therefore, the trial is not likely to be completed in the near future.

3. In the facts and circumstances of the case and the stage at which the trial stands as on today, we consider it appropriate to enlarge the petitioner on bail, subject to such terms and conditions that may be imposed by the trial Court including surrender of his passport, if any, before the Trial Court and not to leave the Country without prior approval of the Court.

4. The Special Leave Petition stands disposed of accordingly. Pending application(s), if any, shall stand disposed of.

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