New Delhi, Feb 13 The Delhi High Court has flagged “serious concern” over inordinate delays in deciding bail pleas, observing that keeping such applications pending for long periods amounts to trauma for an incarcerated accused and violates fundamental rights.
Granting regular bail to an accused in a 2021 murder case, a single-judge Bench of Justice Girish Kathpalia noted that the bail application had remained pending for 25 months before the trial court and continued to languish even before the Delhi High Court.
“I must place on record the anguish, expressed genuinely and politely by learned counsel for accused/applicant that for 25 months his bail application remained pending before the trial court despite his having filed early hearing application; and even before this court, the suffering did not reduce and this application remains pending till date,” Justice Kathpalia recorded in its order passed on Thursday.
The accused – Amir – had sought regular bail in connection with an FIR registered at Seemapuri police station under Sections 302, 307 and 34 of the IPC. As per the prosecution, on the day of the incident, the complainant Anees and his friends — Subhan, Sohail, Arshad and Sameer — were sitting together when three accused persons allegedly reached the spot, and a quarrel ensued.
It was alleged that one of the co-accused stabbed Shoaib, who later succumbed to injuries, and also attacked Sohail when he tried to intervene.
Amir was accused of catching hold of Sohail from behind during the assault.
Counsel for the accused submitted that Amir has been in custody since October 24, 2021, and argued that the incident occurred in the spur of the moment. It was also highlighted that the injured witness, Sohail — who was allegedly caught hold of by the applicant — survived and has already testified before the trial court.
Opposing the plea, the prosecution argued that the charges were grave. However, it was conceded that all public witnesses had already been examined, and there was no likelihood of the accused tampering with evidence if released on bail.
Terming the delay in adjudicating bail pleas as unacceptable, the Delhi High Court observed: “It is a matter of serious concern that bail applications remained pending for such an inordinately long period before the Court of Sessions as well as this court.” It further said that judicial precedents consistently stress the need for expeditious disposal of bail matters.
“It has been repeatedly observed in plethora of judicial pronouncements that whether it be allowed or be dismissed, a bail application should not remain pending for such long periods. For, that in itself is a trauma for the incarcerated accused and violation of his fundamental rights,” Justice Kathpalia said.
Taking note of the prolonged custody and the stage of trial, the Delhi High Court held that there was no reason to further deprive the applicant of liberty.
“Considering the above circumstances, I do not find any reason to further deprive liberty to the accused/applicant,” Justice Kathpalia said, directing his release on bail upon furnishing a personal bond of Rs 10,000 with one surety of the like amount to the satisfaction of the trial court.
The Delhi High Court also directed that a copy of the order be immediately transmitted to the concerned Jail Superintendent to inform the accused.
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