New Delhi: The Delhi High Court has raised “serious concern” over prolonged delays in deciding bail applications, terming such pendency a trauma for incarcerated individuals and a violation of fundamental rights.
Granting regular bail to an accused in a 2021 murder case, Justice Girish Kathpalia noted that the application had lingered for 25 months before the trial court and further before the High Court. “I must place on record the anguish, expressed genuinely and politely by learned counsel for accused/applicant that for 25 months his bail application remained pending before the trial court despite his having filed early hearing application; and even before this court, the suffering did not reduce and this application remains pending till date,” the judge observed in Thursday’s order.
Amir, in custody since October 24, 2021, sought bail in a Seemapuri police FIR under IPC Sections 302, 307 and 34. The prosecution alleged that during a quarrel, co-accused stabbed Shoaib to death and attacked Sohail, with Amir allegedly holding Sohail from behind. Defence counsel stressed the spur-of-the-moment nature of the incident, noting injured witness Sohail had testified and survived.
While prosecutors highlighted the gravity of charges, they conceded all public witnesses were examined with no risk of evidence tampering. Justice Kathpalia called the delays “unacceptable,” citing judicial precedents demanding swift bail disposal. “It has been repeatedly observed in plethora of judicial pronouncements that whether it be allowed or be dismissed, a bail application should not remain pending for such long periods. For, that in itself is a trauma for the incarcerated accused and violation of his fundamental rights,” the court said.
Given the custody duration and trial progress, the judge found no ground to withhold liberty, directing Amir’s release on a Rs 10,000 personal bond with one surety of the same amount. The order was forwarded to the jail superintendent for immediate action.
(Inputs from IANS)