Prolonged pre-trial detention violates the fundamental right to a speedy trial, necessitating bail for the accused.

ORDER :

FARJAND ALI, J.

1. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

2. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.

3. Contrary to the submissions of learned counsel for the petitioner, learned AGA opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

4. I have considered the submissions made by the parties and have perused the material available on record.

5. Despite directions, the learned trial court has failed to submit a report regarding the current status of the trial. As per the last report dated 31.07.2024 received from the learned trial court, out of 13 witnesses only 5 had been examined by that date. The petitioner is behind the bars for more than 2 years and the trial is not going to be culminated in a near future. Looking to the snail’s pace progress of the trial, it can be assumed that further more time shall be taken in reaching of the trial to a legitimate conclusion. Delay in trial always infringes fundamental right of an accused which is otherwise guaranteed by the Constitution of India. Here in this case, where fundamental right of the petitioner of having speedy trial has been violated as he is behind the bars for long more than 2 years.

6. This Court has made an elaborate discussion with regard to bail of an under trial accused on the ground of delay in culmination of the trial. This Court feels that if the accused is under detention, it is obligatory for the prosecution to complete the trial within a reasonable period. This Court has passed an elaborated order in the matter of Lichhaman Ram @ Laxman Ram Vs. State of Rajasthan (S.B. Criminal Misc. Bail Application No.5916/2023) decided on 08.02.2024; the relevant part of the said order is being reproduced as under:-

7. This Court feels that the nature and gravity of offence and availability of material in support thereof are not the only factors to be taken into account while considering a bail application. The fact that trial is to be concluded within a reasonable period of time is imperative while considering grant of bail to an accused. It is settled principle of criminal jurisprudence that there is presumption of innocence at the pre-conviction stage and the objective for keeping a person in jail is to ensure his presence to face the trial and to receive the sentence that may be passed. This detention is not supposed to be punitive or preventive in nature. An accused is considered to be innocent until he or she or they are proven guilty in the court of law.
8. As per the fundamental rights granted to every citizen/person by the Constitution of India, the accused cannot be expected to languish in custody for an indefinite period if the trial is taking unreasonably long time to reach the stage of conclusion. An under trial prisoner, who is waiting for the trial to complete and reach a conclusion about his guilt for the alleged crime, is not only deprived of his right to a speedy trial but his other fundamental rights like right to liberty, freedom of movement, freedom of practising a profession or carrying on any occupation, business or trade and freedom to dignity are also hampered.
9. Life without liberty is like a body