Gravity Of Offence Can't Eclipse Right To Speedy Trial: Delhi High Court Grants Bail After 13 Years In Custody
The Delhi High Court has held that the seriousness of an offence cannot eclipse the constitutional guarantee of a speedy trial, while granting bail to a man who remained incarcerated for more than 13 years while facing trial in a case alleging kidnapping and murder of two minor children.
Justice Manoj Jain observed that the period of incarceration undergone by the accused was “inordinate, unjustifiable and unconscionable”, emphasising that the gravity of the allegations cannot override the accused's right to a speedy trial.
“The seriousness of the offence, in itself, cannot eclipse and prevail over the constitutional guarantee of having a speedy trial. The clock of justice may, though, move at its own pace for varied reasons, the clock of liberty cannot be made to standstill, till eternity,” the Court said.
The Court was dealing with a bail plea filed by one Amit Kumar in relation to an FIR registered in 2013 for the offences punishable under Sections 364A, 302, 201, 120B and 34 of the IPC.
As per the prosecution case, Kumar, along with three other accused, allegedly entered into a criminal conspiracy pursuant to which two minor children, aged five and seven years, were kidnapped for a ransom of Rs. 30 lakh. The children were subsequently found dead on March 02, 2013.
Kumar was allegedly the mastermind of the incident and was stated to be a distant relative of the complainant's family. The prosecution also claimed that the school bag of one of the deceased children was recovered from his possession.
The prosecution as well as the complainant opposed bail referring to the gravity of the offence. It was submitted that the trial was at its fag end and the prosecution was likely to conclude its evidence shortly. The prosecution also expressed an apprehension that Kumar could abscond if released on bail.
Granting the relief, the Court noted that it was faced with a dilemma arising from the “long incarceration” on one hand and the “enormous gravity” of the matter on the other.
It further noted that in February 2022, the High Court had directed the Trial Court to make its best endeavour to complete the trial expeditiously, preferably within four months. However, more than four years had elapsed since and the trial was still not over.
“Incarceration herein is, actually speaking, inordinate, unjustifiable and unconscionable one,” the Court observed, adding that the applicant had remained in custody for over 13 years, which was “substantial and huge”.
The Court also took note of the fact that Kumar, aged 34 years, was around 21 years when he was arrested and had no previous criminal antecedents.
Accordingly, while making it clear that it was not expressing any opinion on the merits of the case, the Court granted him bail on furnishing a personal bond of Rs. 25,000, with two local sureties of the like amount.
“Keeping in mind the abovesaid limited aspect of there being inordinate delay and unduly long period of incarceration undergone by the applicant, albeit, without expressing an opinion over the merits of the case, applicant is, hereby, admitted to bail…,” the Court said.
Title: SHRI AMIT KUMAR@DABBOO v. STATE NCT OF DELHI