Court Should Secure Personal Liberty Of An Under Trial Where Trial Is Delayed For No Fault On His Part: Punjab & Haryana High Court

The Punjab and Haryana High Court recently stressed that when an under trial has been in custody for a significant period of time and the trial is being held up for no fault on his part, the Courts cannot be expected to be a mute spectator and should rather unhesitatingly interfere for securing the personal liberty of an under trial.

With this, the bench of Justice Manjari Nehru Kaul granted bail to an NDPS Accused who was in custody since October 2020 as the Court noted that the trial has come to a virtual standstill due to the non-appearance of the official witnesses.

"The petitioner cannot be left to languish for an indefinite period during the pendency of a trial for reasons not attributable to him. It needs to be reiterated that the right to life and personal liberty granted by the Constitution of India also covers the right to a speedy trial."

The petitioner (Gurbir Singh) moved the instant 3rd regular bail plea in connection with a criminal case registered against him under Section 21 of the NDPS Act. It was his counsel's submission that after the dismissal of his earlier two bail pleas, the trial had come to a virtual standstill as none of the prosecution witnesses (all official witnesses), failed to put an appearance before the Court below to get their evidence recorded.

The state's counsel couldn't controvert the submissions made by the petitioner's counsel that despite the issuance of bailable as well as non-bailable warrants to secure the presence of the other prosecution witnesses, including the Investigating Officer and Gazetted Officer, they had failed to put in an appearance and get their evidence recorded before the trial Court,

In view of this, reiterating that the right to life and personal liberty granted by the Constitution of India also covers the right to a speedy trial, the Court granted bail to the accused.

Case title - GURBIR SINGH v. STATE OF PUNJAB

Case Citation: 2022 LiveLaw (PH) 269

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