The Delhi High Court has directed the Commissioner of Delhi Police to sensitise the Investigating Officers (IOs) to ensure their timely cooperation in the expeditious conclusion of pending cases, particularly those involving accused persons who have remained in custody for a considerable long period.

Justice Purushaindra Kumar Kaurav passed the order while granting bail to two accused who had remained incarcerated for about six years in a 2020 murder case.

The Court took note of the slow pace of the trial and the fact that the Investigating Officer (IO) had remained absent from the proceedings on more than 20 occasions.

It observed that the criminal justice system cannot countenance a situation where an accused continues to remain in custody for years while the proceedings are impeded by the repeated non-appearance of the IO.

“Having regard to the aforesaid, let a copy of this order be sent to the Commissioner of Police, Delhi, for sensitizing the IO's to ensure their timely cooperation in the expeditious conclusion of pending matters, particularly in cases where the accused have remained in custody for a considerable period,” the Court said.

The FIR was registered at Police Station Sonia Vihar for the offences punishable under Sections 302, 120B and 34 of the Indian Penal Code, 1860, along with provisions of the Arms Act.

Both accused submitted that they had already undergone around six years of incarceration and that there was no likelihood of the trial concluding in the near future.

It was also argued out that one of the accused had earlier been denied bail on merits, but substantial further incarceration and the slow progress of the trial constituted subsequent circumstances justifying a fresh consideration.

Opposing bails, the Delhi Police submitted that the weapon of offence, a country-made pistol, had been recovered at the instance of one of the applicants and another co-accused, while the ballistic report established that the gunshot injuries were caused by the said weapon.

As regards the second applicant, the State submitted that a surgical blade allegedly used in the offence was recovered at his instance and that he was alleged to have been part of the conspiracy to eliminate the deceased.

Allowing the bail pleas, the Court noted that the applicants had already undergone about six years of incarceration. It also said that on a prima facie perusal of the testimony of an eye witness, there was no overt act attributed to the applicants.

Justice Kaurav also said that the trial had progressed at a very slow pace and there was no likelihood of its conclusion in the near future.

“The aforesaid delay in the progress of the trial, having occurred subsequent to the rejection of the earlier bail application, constitutes a supervening circumstance warranting reconsideration of the applicant's prayer for bail,” the judge observed.

The Court found that the trial had not progressed at the pace expected, despite the passage of considerable time and that the applicants had undergone about six years of incarceration, while the trial was still pending.

“Bearing in mind the overall facts and circumstances, including the period of incarceration of about six years already undergone by the applicants, the slow pace of the trial, the fact that only 10 out of 24 witnesses have been examined, the delay in conclusion of the trial not being attributable to the applicants, and the absence of any overt role attributed to the applicants in the testimony of PW-1, this Court is of the considered opinion that the applicants have made out a case for grant of regular bail,” the Court said.

Title: VIKAS v. STATE GOVT OF NCT OF DELHI & other connected matter

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