'To Avoid Trial Process Itself Being The Punishment' : Supreme Court Grants Bail To Undertrial; Reaffirms Right To Speedy Trial

The Supreme Court recently granted bail to an undertrial prisoner in custody for over four years, considering the delay in the trial.

"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," observed a bench comprising Justices Hrishikesh Roy and R Mahadevan.

The petitioner was an accused in a murder case of 2020. The High Court, while rejecting his bail application on April 30, 2024, had directed the trial to be completed within five months. Although the 5 months period is about to end, the examination of 17 more prosecution witnesses is yet to complete, the Supreme Court noted.

The Court also noted that the accused has been under custody since June 2020 and 6 co-accused have already got bail.

"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," the Court ordered.

The order also cited the "poignant lines" written by Author Oscar Wilde iwhile being incarcerated:

“I know not whether Laws be right,

Or whether Laws be wrong;

All that we know who be in jail

Is that the wall is strong;

And that each day is like a year,

A year whose days are long.”

Case : Balwinder Singh v. State of Punjab

Citation : 2024 LiveLaw (SC) 680

Click here to read the order