SC grants bail in murder case, says prolonged custody without trial violates Article 21

NEW DELHI: Reiterating that the right to a speedy trial is a fundamental guarantee under Article 21 of the Constitution, the Supreme Court has granted bail to an accused in a murder case who had remained in custody for nearly four years without examination of a single witness.

A Bench of Justices J.B. Pardiwala and Vijay Bishnoi passed the order while allowing a special leave petition (SLP) filed by Sahil Manoj Machare, challenging a Bombay High Court order that had denied him bail in a murder case registered in Maharashtra’s Kolhapur district.

Taking note of the prolonged incarceration, the apex court observed that despite charges being framed in 2024, the trial had not progressed at all. “We take notice of the fact that the petitioner is in judicial custody since 1-11-2022. Although the charge came to be framed by the Trial Court in the year 2024, yet till this date not a single witness has been examined,” the Justice Pardiwala-led Bench recorded.

In these circumstances, the top court held that the continued detention of the accused infringed his fundamental rights. “In such circumstances… we are left with no other option but to say that the right of the accused to have a speedy trial as enshrined under Article 21 of the Constitution could be said to have been infringed,” the Justice Pardiwala-led Bench said.

It further said that even in serious offences like murder, constitutional safeguards cannot be ignored. “We are mindful of the fact that the petitioner is charged with the offence of murder but time and again, we have said that howsoever serious the crime may be, if the right of speedy trial is infringed, then the Court must consider the plea for bail appropriately,” the apex court observed.

Noting that the accused had spent “almost 4 years” in jail without progress in trial, the Justice Pardiwala-led Bench directed that he be released on bail forthwith, subject to terms and conditions to be imposed by the trial court.