The Supreme Court docket in a latest order quoted from well-known Irish writer Oscar Wilde’s “The Ballad of Studying Gaol” whereas granting bail to an undertrial prisoner. The courtroom discovered that the accused had spent 4 years in jail, whereas the trial was nonetheless pending, and 6 of different co-accused had been already out on bail.
The highest courtroom granted bail “to keep away from the state of affairs of the trial course of itself being the punishment.”
A bench of Justices Hrishikesh Roy and R Mahadevan whereas granting bail noticed that an accused has a proper to a good trial and whereas a hurried trial is frowned upon as it might not give ample time to organize for the defence, an inordinate delay in conclusion of the trial would infringe the proper of an accused assured underneath Article 21 of the Structure.
The Sptember 9 order acknowledged: It isn’t for nothing the Writer Oscar Wilde in “The Ballad of Studying Gaol”, wrote the next poignant traces whereas being incarcerated:
“I do know not whether or not Legal guidelines be proper,
Or whether or not Legal guidelines be flawed;
All that we all know who be in jail Is that the wall is powerful;
And that every day is sort of a 12 months, A 12 months whose days are lengthy.”
The courtroom famous that the counsel showing for accused submited that 6 of the accused have been granted bail within the current matter.
“Furthermore, solely 7 out of the cited 47 witnesses have been examined to date within the Trial. The counsel then factors out that the petitioner has been in custody for practically 4 years since he was arrested on 26.06.2020. Additionally though the route to conclude the trial within the 5 months was given by the Excessive Court docket on 30.04.2024, that’s unlikely, wanting on the tempo of the Trial,” the order learn.
The highest courtroom famous that the counsel for state contended that there isn’t any materials change of circumstances from when the bail was refused to the petitioner in 2023. The bail for the accused was additionally opposed on the grounds that he had direct position in capturing of the sufferer.
The courtroom famous that on this case, 21 prosecution witnesses have already testified and 17 extra witnesses are proposed to be examined after dropping 9 of the sooner cited witnesses. The apex courtroom additional famous that the Excessive Court docket whereas rejecting bail had requested for conclusion of trial inside 5 months.
“The 5 months interval stipulated by the Excessive Court docket will expire on the finish of this month however as observed earlier, the prosecution proposes to look at 17 extra witnesses” the highest courtroom’s order learn.
The highest courtroom noticed that because the prosecution needs to look at 17 extra witnesses, the trial is unlikely to conclude on a close to date.
“Contemplating the above and to keep away from the state of affairs of the trial course of itself being the punishment notably when there may be presumption of innocence underneath the Indian jurisprudence, we deem it applicable to grant bail to the petitioner…It’s ordered accordingly. Acceptable bail situations be imposed by the discovered trial courtroom,” the order learn.