NEW DELHI: Observing that the courts and prosecution agencies have a duty to expedite trials of incarcerated accused, the Supreme Court on Friday granted bail to a man who has spent more than nine years in jail without conclusion of his trial, saying the prolonged delay had "shocked our judicial conscience".
"Indefinite incarceration without progress in trial violates the right to speedy trial and personal liberty. The right to a speedy trial flows directly from Article 21 and must be protected, especially in cases of prolonged custody," a bench of Justices MM Sundresh and Prasanna B Varale said.
"The prolonged delay has shocked our judicial conscience. When an accused is in custody, an expeditious trial is not optional but a constitutional imperative," the bench added, as it invoked its extraordinary jurisdiction under Article 32 to grant bail to accused Liakat Ali.
Ali has been in custody for nine years and two months in connection with offences under Sections 302 (murder), 201 (destruction of evidence) read with Section 34 (common intention) of the Indian Penal Code (IPC), along with other charges.
Noting that the exceptional circumstances of the case warranted constitutional intervention, the court reiterated settled principles of criminal jurisprudence, including the presumption of innocence and the principle that "bail is the rule and jail is the exception".
According to the case details, Ali's grievance was that the trial had been progressing at a "snail's pace" through no fault of his own.
Although his bail application attained finality in 2024, there had been no substantial progress in the trial, with only 12 of the 30 prosecution witnesses examined so far.
The court noted that Ali's counsel had submitted that he was a young boy at the time of the alleged offence. The charges against Ali were based on circumstantial evidence, the court noted, adding that in the normal course it would not have entertained his petition.
"However, the continued delay in trial and prolonged incarceration shocks our judicial conscience. The petitioner was a teenager at the time of the alleged occurrence and has been charged with the commission of murder based on circumstantial evidence. He has been under incarceration for a period of nine years and two months, for no fault on his part. At this rate, the trial is likely to take further time. When the accused is under incarceration, it is incumbent upon the Court and the prosecuting agency to expedite the conduct of the trial," the court noted in its order.
While allowing Ali's appeal, the bench said it was inclined to invoke its powers under Article 32 of the Constitution and grant him bail, subject to appropriate conditions imposed by the trial court.