Prolonged undertrial custody and slow trial progress can justify bail despite serious charges, to protect speedy trial rights.

Prolonged undertrial incarceration can justify bail where the trial is not likely to conclude within a reasonable time, because continued custody may infringe the constitutional right to speedy trial under Article 21. The Court noted that the appellant had remained in judicial custody since 24 March 2020, had no prior antecedents, and that the trial had progressed only limitedly despite examination of 42 witnesses with many more projected. It treated the uncertainty over completion of evidence as significant and held that seriousness of the prosecution did not outweigh the constitutional concern. The Court also observed that excessive and duplicative witness examination can aggravate avoidable delay and that trial courts should actively manage witness production.

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Issues: Whether the appellant, who had remained in judicial custody for about five years while the trial was still continuing, was entitled to bail on the ground that prolonged incarceration infringed the right to speedy trial.

Analysis: The appeal involved a serious prosecution, but the Court found that the appellant had been in custody since 24 March 2020 as an undertrial, had no other antecedents, and the trial had made limited progress despite examination of 42 witnesses with many more projected. The Court treated the uncertainty in the time likely to be taken for completion of evidence as significant and held that continued incarceration in such circumstances implicated the constitutional guarantee of speedy trial under Article 21. The Court also emphasised that excessive and duplicative witness examination can contribute to avoidable delay and that trial courts should actively manage witness production.

Conclusion: Bail was granted to the appellant.

Final Conclusion: Prolonged pre-trial custody, when the trial is not nearing completion, can justify release on bail even in a serious prosecution, because the right to speedy trial remains constitutionally protected.

Ratio Decidendi: Where an undertrial has suffered prolonged incarceration and the trial is not likely to conclude within a reasonable time, continued custody may violate Article 21 and bail can be granted notwithstanding the seriousness of the .

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