Prolonged pre-trial custody and parity with co-accused supported bail pending trial

Prolonged pre-trial custody, coupled with a trial that had not commenced and a large witness list, supported release on bail where the accused was not solely responsible for the delay. The Court also treated parity with co-accused as a relevant consideration. On these facts, continued incarceration was found unjustified at that stage, and bail was granted pending trial.

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Issues: Whether the appellant was entitled to bail pending trial in view of parity with co-accused, the length of incarceration, and the non-commencement of trial.

Analysis: The appellant had remained in custody for more than 21/2 years in the present case, the trial had not commenced, and there were 85 witnesses. The Court held that continued incarceration in the face of prolonged delay, where the appellant could not be solely blamed for the non-commencement of trial, weighed in favour of bail. Parity with co-accused was also taken into account.

Conclusion: The appellant was entitled to bail at this stage.

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