New Delhi, April 29 (IANS) The Supreme Court on Wednesday set aside an Allahabad High Court order denying bail to an undertrial prisoner accused in a 2017 murder case, terming the impugned decision as a “very shocking matter” and “very disappointing”.

Observing that prolonged incarceration without conclusion of trial amounts to infringement of the fundamental right to speedy trial under Article 21 of the Constitution, a Bench of Justices J.B. Pardiwala and Ujjal Bhuyan ordered the immediate release on bail of petitioner Vaibhav Singh, who has remained in judicial custody for nearly nine years, while the trial was still pending before the court of Special Judge, E.C. Act.

The petitioner was arrested on March 7, 2017, in connection with a case registered at Cantt Police Station in Uttar Pradesh’s Gorakhpur district for offences under Sections 147, 148, 149, 120-B, and 302 of the Indian Penal Code.

Referring specifically to paragraph 8 of the Allahabad High Court’s order, which relied on an apex court ruling to hold that bail should normally not be granted once trial has commenced, the Justice Pardiwala-led Bench said the precedent had been misconstrued.

“All that the High Court ought to have considered is the fact that the petitioner is languishing in jail as an under-trial prisoner for over nine years. What more was required for the High Court to consider the plea of the petitioner for bail, keeping his right of speedy trial in mind as enshrined under Article 21 of the Constitution,” the order said.

“In many of our judgments and on many occasions, we have said in so many words that, however grave the crime may be, but if the accused is denied his right of speedy trial and is languishing in jail for years together and for no fault on his part, he cannot be kept in jail for indefinite period,” it added.

The apex court further observed that the violation of the petitioner’s fundamental rights was so glaring that it did not consider it necessary to wait for the state government’s response before granting relief.

“We believe we should not wait even for the State to appear. This is a gross case wherein the fundamental right of the petitioner to have a speedy trial as enshrined under Article 21 of the Constitution could be said to have been infringed,” the Supreme Court said.

The top court directed that the petitioner be released on bail forthwith, subject to terms and conditions to be imposed by the trial court, provided he is not required in any other case.

Taking serious exception to the Allahabad High Court’s reasoning, the Justice Pardiwala-led Bench said: “A very shocking matter with a very disappointing impugned order has come up before us early in the morning today.”

–IANS

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