If Right To Speedy Trial Violated, Bail Must Be Considered Regardless Of Crime's Seriousness : Supreme Court

Observing that the right to speedy trial can't be infringed regardless of the seriousness of the crime, the Supreme Court on Monday (May 4) granted bail to an undertrial accused of murder, noting his prolonged incarceration and no reasonable prospects of the trial being completed in the near future.

“We are mindful of the fact that the petitioner is charged with the offence of murder but time and again, we have said that howsoever serious the crime may be, if the right of speedy trial is infringed, then Court must consider the plea for bail appropriately.”, observed a bench of Justice JB Pardiwala and Justice Vijay Bishnoi, while allowing the bail plea of the accused, who was in jail for past almost 4 years without examination of even a single witness.

An FIR against the appellant-accused was registered for the offence punishable under Sections 302 read with Section 34 of the Indian Penal Code, 1860 (for short, “IPC”) respectively. Aggrieved by the Bombay High Court, Kolhapur Bench's denial of bail, he moved to the Supreme Court.

Setting aside the impugned order, the Court was inclined to enlarge him on bail, upon taking a note of his judicial custody and bleak prospects of the trial being completed in the near future.

“We take notice of the fact that the petitioner is in judicial custody since 1-11-2022. Although the charge came to be framed by the Trial Court in the year 2024, yet till this date not a single witness has been examined.”, the court noted, emphasising that “the right of the accused to have a speedy trial as enshrined under Article 21 of the Constitution could be said to have been infringed.”

Notably, a few days back, the bench led by Justice Pardiwala had also granted bail to a murder accused who had spent nearly nine years in jail as an undertrial in a murder case. Therein the Court has criticized the Allahabad High Court for failing to appreciate the accused's fundamental right to a speedy trial under Article 21 of the Constitution.

Cause Title: SAHIL MANOJ MACHARE VERSUS THE STATE OF MAHARASHTRA

Citation : 2026 LiveLaw (SC) 456

Click here to download order

Appearance:

For Petitioner(s) : Mr. Risvi Muhammed, Adv. Mr. Sachin Jaysing Patil, Adv. Ms. Vishnu Priya, Adv. Mr. Sachin Patil, AOR

For Respondent(s) : Mr. Bharat Bagla, Adv. Mr. Aditya Pande, Adv.