Continued Detention With No Possibility Of Trial Concluding In Near Future 'Unjust': Allahabad HC Grants Bail To Murder-Accused In Jail Since 2017
1 month, 2 weeks ago

Continued Detention With No Possibility Of Trial Concluding In Near Future 'Unjust': Allahabad HC Grants Bail To Murder-Accused In Jail Since 2017

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While granting bail to a man accused of murder, the Allahabad High Court observed that it was regrettable that the applicant was kept in prison for more than 7 years without the trail ending anytime soon. Justice Krishan Pahal held, “Keeping the applicant in custody under these circumstances, when there is no realistic possibility of the trial being concluded in the near future, is both unjust and unwarranted. Thereafter, applicant filed another bail application in 2024 seeking bail on grounds that he had been in jail since 2017 and there was no likelihood of trail concluding in the near future. The Court relied on Indrani Pratim Mukerjea v. CBI where the Supreme Court granted bail to the applicant because she had been in jail for 6 &1/2 years. Such prolonged incarceration, coupled with the complete lack of progress in the trial, is a serious infringement on the applicant's fundamental right to a speedy trial as guaranteed under Article 21 of the Constitution of India.” Observing that only 3 out of 16 witnesses had been examined, the Court held that there was no likelihood of trail concluding in near future.

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