ORDER

K. Ramachandriah, J. - (i) Whether pretrial detention for years even in a murder case does not offend Article 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 inspite of the restrictions imposed on such prisoners under Section 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 under Section 302 I.P.C.?

(iv) Whether under such circumstances, an under-trial prisoner can invoke to his aid the bail provision under Sections 437 or 439 Cr. P.C. or the inherent powers of the High Court under Section 482 Cr. P.C. or the Writ jurisdiction under Article 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 prisoner