2024 (9) TMI 1744 - SCH - Indian Laws

Prolonged Pre-Trial Custody Violates Rights: Bail Granted After Four Years with Strict Protective Conditions

Balwinder Singh Versus State Of Punjab & Anr.

SC granted bail to the accused after four years of pre-trial custody, finding prolonged detention violated constitutional rights under Article 21. Despite ... Application seeking grant of bail - presumption of innocence - right to a fair trial - inordinate delay in conclusion of the trial - Violation of the right of an accused guaranteed under Article 21 of the Constitution - High Court while rejecting bail had asked for conclusion of trial within 5 months - petitioner has been in custody for nearly four years - co-accused have been granted bail - HELD THAT:- Considering the above and to avoid the situation of the trial process itself being the punishment particularly when there is presumption of innocence under the Indian jurisprudence, we deem it appropriate to grant bail to the petitioner - Balwinder Singh. It is ordered accordingly. Appropriate bail conditions be imposed by the learned trial court. However, it is made clear that the petitioner must appear on all dates before the trial court and should cooperate in expeditious conclusion of the trial. He should not interact and also maintain distance from the witnesses. Any infringement of bail conditions will result in cancellation of this bail order. With the above, the Special Leave Petition stands disposed of. 1. ISSUES PRESENTED and CONSIDEREDThe core legal questions considered by the Court in this judgment include:- Whether the petitioner, who has been in custody for nearly four years, is entitled to bail despite the ongoing trial for a serious offence involving alleged direct participation in a shooting.- Whether the delay in conclusion of the trial infringes the petitioner's right to a fair and speedy trial guaranteed under Article 21 of the Constitution.- Whether the trial court's and High Court's directions regarding the conclusion of the trial within a stipulated time frame have been adhered to, and the implications of non-compliance on bail considerations.- The balancing of the presumption of innocence and the right to liberty against the seriousness of the crime and the stage of trial.- The conditions under which bail may be granted to ensure cooperation with the trial and protection of witnesses.2. ISSUE-WISE DETAILED ANALYSISIssue 1: Entitlement to Bail After Prolonged Custody in a Serious CrimeThe legal framework relevant to this issue includes the constitutional guarantee under Article 21, which ensures the right to life and personal liberty, encompassing the right to a fair and speedy trial. Precedents emphasize that prolonged pre-trial detention without conclusion of the trial may amount to a violation of this right. The Court acknowledged that the petitioner had been in custody since 26.06.2020, approximately four years, which is a significant duration.The Court noted that six co-accused had already been granted bail, indicating that bail was not per se precluded in the case. The seriousness of the offence was acknowledged, with the respondent's counsel emphasizing the petitioner's alleged direct role in the shooting. However, the Court balanced this against the prolonged detention and the slow pace of the trial, which had seen only a fraction of the witnesses examined despite a large number being cited.The Court reasoned that while the crime was serious, the right to liberty and fair trial must be safeguarded, particularly where the trial process itself risks becoming punitive due to delay. This reflects the principle that bail is the rule and custody the exception, especially when the accused has not been convicted.Competing arguments were considered: the prosecution and respondent opposed bail citing seriousness and ongoing trial, while the petitioner's counsel emphasized delay and incomplete trial proceedings. The Court found merit in the petitioner's argument regarding the inordinate delay and the risk of trial becoming a form of punishment.Conclusion: The Court deemed it appropriate to grant bail to the petitioner, subject to conditions, to uphold the right to liberty and prevent undue hardship caused by prolonged detention.Issue 2: Impact of Trial Delay on Right to Fair Trial and BailThe legal framework involves the constitutional mandate under Article 21 and judicial pronouncements that stress the necessity of expeditious trial to prevent violation of fundamental rights. The High Court had earlier directed that the trial be concluded within five months from 30.04.2024, a directive not met as the prosecution proposed to examine 17 more witnesses with only 7 out of 47 witnesses examined so far.The Court observed that the pace of the trial was slow and unlikely to meet the stipulated deadline. The State's counsel acknowledged no material change in circumstances since bail was refused in 2023, but the delay in trial completion was significant.The Court underscored that an inordinate delay infringes the accused's right to a fair trial and liberty. It cited the poignant lines from Oscar Wilde's 'The Ballad of Reading Gaol' to illustrate the psychological and temporal burden of incarceration during prolonged trials.The Court applied these principles to the facts, concluding that the delay itself was a ground to consider bail favorably, as continued detention without trial conclusion would be unjust.Competing arguments about the seriousness of the crime and the trial stage were weighed against the constitutional right to a timely trial. The Court emphasized that the right to a fair trial includes the right not to be subjected to undue delay that effectively punishes the accused before conviction.Conclusion: The delay in trial completion was a decisive factor favoring bail, reinforcing the protection of constitutional rights.Issue 3: Conditions for Granting Bail and Ensuring Trial IntegrityThe Court recognized the need to balance liberty with the integrity of the trial process and protection of witnesses. It imposed conditions requiring the petitioner to appear on all trial dates, cooperate with the trial's expeditious conclusion, maintain distance from witnesses, and avoid interaction with them.The Court warned that any infringement of these conditions would lead to cancellation of bail, thereby safeguarding the trial process while granting liberty.This approach reflects established legal principles that bail is conditional and subject to compliance with court-mandated safeguards to prevent interference with justice.Conclusion: Bail was granted with stringent conditions to ensure cooperation and prevent obstruction of justice.3. SIGNIFICANT HOLDINGSThe Court held that 'an accused has a right to a fair trial and while a hurried trial is frowned upon as it may not give sufficient time to prepare for the defence, an inordinate delay in conclusion of the trial would infringe the right of an accused guaranteed under Article 21 of the Constitution.'It further stated, 'Considering the above and to avoid the situation of the trial process itself being the punishment particularly when there is presumption of innocence under the Indian jurisprudence, we deem it appropriate to grant bail to the petitioner.'The Court established the core principle that prolonged pre-trial detention without timely trial completion violates constitutional rights and justifies bail, even in serious offences, subject to appropriate conditions to protect the trial's integrity.Final determinations included granting bail to the petitioner with conditions to ensure attendance, cooperation, and non-interference with witnesses, while emphasizing that violation of these conditions would result in bail cancellation.