An accused has the right to bail unless exceptional circumstances exist, and prolonged detention without trial infringes fundamental rights.

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 Public Prosecutor 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 both the parties and have perused the material available on record.

5. The earlier bail application of the petitioner was rejected by this Court vide order dated 22.05.2024 passed in SBCRLMB No.5926/2024.

6. As per the law, while keeping an accused detained, the opportunity to the prosecutor to lead evidence can only be given for a reasonable period. The wider connotation of the phrase ‘reasonable period’ be understood to be one year because the case is classified as a sessions case which would mean that the like cases should commence and conclude within a session, that is, one year. Even if an elastic interpretation of the expression ‘reasonable period’ is taken on the pretext of certain unavoidable circumstances, then it can only be doubled and even in that situation, trial has to be completed within two years while keeping an accused in custody. Suffice it would to say that for the purpose of determination as to whether the accused is guilty or not, only a reasonable period can be awarded to the prosecutor if the accused is behind the bars. The cases which are classified as session case are purposefully directed to be heard by senior officer of District Judge Cadre looking to his experience and rank/grade/post. In criminal jurisprudence prevalent in India, there is a presumption of innocence working in favour of the accused until he is proven guilty in the trial. The trial is conducted for the purpose of affording an opportunity to the prosecutor to prove the charges and only for the purpose of proving guilt or adducing evidence on record, an unreasonable period of time cannot be granted as the same infringes the fundamental rights of an accused which are otherwise guaranteed by the Constitution of India. While entertaining a bail plea the Court of law is required to take into account the above-mentioned aspect of the matter as well beside the gravity of offence and quantum of sentence.

7. It is well-nigh settled law that at pre-conviction stage, bail is a rule and denial of the same should be an exception. The purpose for keeping an accused behind the bars during trial would be to secure his presence on the day of conviction and to ensure that he may receive the sentence as would be awarded to him otherwise, as stated above, it is the rule of crimnal jurisprudence that he shall be presumed innocent until his guilt is proved. In the instant case, it has been around three years have elapsed since the accused was sent to jail and his rights and liberties are getting stifled as he is being kept incarcerated without any progress in the trial. An accused cannot be kept behind bars as an undertrial for an indefinite period.

8. 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. Dealing wit