Prolonged pre-trial custody and likely trial delay can justify bail, even in serious cases, with safeguards.

Prolonged pre-trial custody, combined with a trial unlikely to conclude soon because many witnesses remained to be examined, justified release on bail. The SC considered the length of detention and the prosecution's own indication that the trial would still not finish even if several remaining witnesses were given up. Without examining the merits of the accusations, it held that continued detention was not justified in the circumstances and ordered bail subject to conditions designed to protect the trial process.

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Issues: Whether the petitioner, having remained in custody for about 6 bd years and the trial not likely to conclude soon, was entitled to be released on bail.

Analysis: The Court noted the long period of custody and the large number of witnesses still to be examined. It also took into account the prosecution's statement that even if half of the remaining witnesses were given up, the trial would not conclude soon. Without entering into the merits of the accusations, the Court held that continued detention was not justified in the circumstances and directed release on bail subject to conditions safeguarding the trial.

Conclusion: The issue was answered in favour of the petitioner and bail was granted.

Ratio Decidendi: Long pre-trial custody, coupled with an inordinate likelihood of trial delay, can justify bail even in serious cases, provided the merits are not prejudged and appropriate conditions are imposed.

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