In a stern rebuke to judicial delays, the Delhi High Court has expressed profound concern over the prolonged pendency of bail applications, terming it a form of mental agony for undertrial prisoners and a blatant violation of their fundamental rights.
The court was hearing a bail plea in a 2021 murder case registered at Seemapuri police station under IPC sections 302, 307, and 34. Justice Girish Kathpalia, presiding over the single-judge bench, highlighted the shocking 25-month delay in the trial court alone, with the matter lingering even in the high court.
The accused, Amir, has been in custody since October 24, 2021. According to the prosecution, on the day of the incident, complainant Anees and his friends Subhan, Sohail, Arshad, and Sameer were sitting together when three accused arrived and a scuffle ensued. A co-accused allegedly stabbed Shoaib, who later succumbed to injuries, and attacked Sohail when he intervened. Amir is accused of grabbing Sohail from behind.
Amir’s counsel argued that the incident was spontaneous, and key witness Sohail, who survived, has already testified in trial court. The prosecution opposed bail citing the gravity of charges but conceded that all public witnesses have deposed, minimizing tampering risks.
“It is a matter of serious concern that bail applications remain pending for such extended periods in both sessions court and this court,” Justice Kathpalia observed. Citing multiple judicial precedents, he emphasized that prolonged pendency itself inflicts mental suffering and infringes on constitutional rights.
Considering the long incarceration and trial progress, the court found no reason to deny liberty. Amir was granted bail on a personal bond of Rs 10,000 and one surety of the same amount, subject to trial court satisfaction. A copy of the order was directed to be sent forthwith to the jail superintendent.
This ruling underscores a recurring judicial frustration with systemic delays, urging faster disposal of bail matters to uphold justice’s swiftness.