"13 Yrs Of Incarceration Sans Conclusion Of Trial Violated His Right To Speedy Trial": Allahabad HC Grants Interim Bail To Murder Accused

The Allahabad High Court last week granted bail to a murder accused as it noted that 13 years of incarceration without conclusion of the trial had violated his fundamental right to a speedy trial.

The bench of Justice Ajay Bhanot was dealing with the 4th bail application of the murder accused (Mahesh Chandra Shukla) seeking his release on bail in a criminal case under Sections 302, 307, 323, 504, 506 IPC, and Section 7 of the Criminal Law Amendment Act.

The Counsel for the applicant-accused contended that he has been falsely implicated in the instant case and he does not have any criminal history apart from the instant case.

It was further submitted that the applicant is in jail since July 2009 and the trial has not concluded to date and that inordinate delay in the trial will lead to indefinite incarceration of the accused.

In an earlier hearing in the matter, the Court had called for a report from the trial court, Allahabad regarding the cause for delay and the status of the trial. The report did not indicate that the applicant was in any manner responsible for the delay.

Taking the circumstances of the case, the Court stressed upon the fundamental right of the accused to speedy justice and further observed thus:

"The applicant has a fundamental right to speedy justice. Further, incarceration of the applicant in the facts of this case will lead violation of the right to speedy trial. There are good authorities of constitutional courts which have held that the right to speedy trial is a fundamental right. Thirteen years of incarceration without conclusion of the trial in the facts of this case has violated this right of the applicant. The trial in its comments has sought to assure the Court that the trial be concluded expeditiously. In view of the past conduct of the trial, this Court cannot assurance on its face value."

Accordingly, the Court held that he is entitled to interim bail and thus, the trial court was asked to make all endeavors to conclude the trial. In view of this, the applicant-Mahesh Chandra Shukla was directed to be released on interim bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court.

Case title - Mahesh Chandra Shukla v. State of U.P.

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