Courts Should Consider Bail for the Accused if a Trial is Unreasonably Delayed: Supreme Court
Before being pronounced guilty of an offence without a trial. Detention or jail should not become a punishment, says the Supreme Court in a judgement that refused the bail for former Delhi Deputy Chief Minister Manish Sisodia regarding the Delhi Liquor Policy Scam Case.
The court within the scope of Article 21 of the Indian Constitution emphasised in its judgement the right to a speedy trial and observed that if a trial is being unnecessarily delayed for no fault of the accused, the court is supposed to exercise its power of granting a bail. The bench comprising Justices Sanjiv Khanna and SVN Bhatti in this context listed out certain factors that should be considered for granting the bail;
Before being pronounced guilty of an offence, jail or detention should not become a punishment.
The appeal for bail may be credible If a trial is extended despite the affirmation of the prosecution or if it is clear that the decision for the case will not be taken within a predictable time.
The prosecution of an economic offense may not be appropriate to equate with cases that are punishable with death, life imprisonment, Ten years or more, such offenses under the Narcotic Drugs and Psychotropic Substances Act, 1985, murder, rape cases, dacoity, ransom kidnapping, mass violence, etc.
If a trial is not proceeding for reasons not associated with the accused, then the court may exercise their power to grant bail, unless there is a good reason.
Sisodia will be entitled to apply for bail again in 3 months if a trial is not concluded in a speedy manner which was previously assured by the prosecution, says the apex court. The AAP leader has been in custody since February of this year and is being investigated by the CBI(Central Bureau of Investigation) and ED(Directorate of Enforcement). The recent verdict in Manish Sisodia’s pleas against Delhi High Court denies him bail in both the cases.
