Incarceration Of 6-7 Years Without Verdict Violates Right To Speedy Trial Under Article 21: Supreme

SC Grants Bail to Undertrial After 5 Years in Jail, Cites Right to Speedy Trial

 

In Tapas Kumar Palit v. State of Chhattisgarh (Criminal Appeal No. 738 of 2025), the Supreme Court granted bail to an undertrial who had already spent five years in judicial custody. A bench of Justices J.B. Pardiwala and R. Mahadevan strongly criticized the prosecution for delaying the trial and questioned the necessity of examining 100 witnesses.

 

Case Background

 

Tapas Kumar Palit was arrested in March 2020 under the UAPA, the Chhattisgarh Vishesh Jan Suraksha Adhiniyam, and various IPC sections. The police had intercepted his vehicle, allegedly transporting materials linked to Naxalite activities. Despite five years passing, only 42 witnesses had been examined, with the prosecution still planning to call 100 witnesses. The Chhattisgarh High Court had earlier denied him bail, prompting him to approach the Supreme Court.

 

Key Observations by the Supreme Court

 

1. Right to Speedy Trial is Fundamental (Article 21)

The court reaffirmed that every accused, regardless of the crime's seriousness, has the right to a speedy trial. Delays in prosecution erode faith in the justice system and violate personal liberty.

 

 

2. Prolonged Undertrial Detention is Unjustified

The bench highlighted the hardships of long incarceration without conviction—loss of livelihood, financial strain, and social stigma. The court stressed that if an undertrial remains in jail for six to seven years before a verdict, it amounts to a violation of their rights.

 

 

3. Need for Pragmatic Prosecution

The judges questioned the necessity of examining 100 witnesses when the same facts could be established with fewer testimonies. Citing Malak Khan v. Emperor (1946), they urged prosecutors to exercise discretion to avoid unnecessary delays. The Special Judge (NIA) was directed to ensure that only relevant witnesses were examined.

 

 

 

Final Decision

 

The Supreme Court granted bail to Palit with strict conditions:

 

He cannot enter District Kanker, Chhattisgarh.

 

He must attend trial hearings online.

 

His physical presence is required only for final statements under Section 313 CrPC.

 

Any violation of bail conditions will lead to immediate cancellation.

 

 

Reversing the High Court’s decision, the Supreme Court ordered the trial court to expedite the proceedings, emphasizing that justice must not be delayed for either the accused or society.

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