In a significant ruling, the High Court of Jammu & Kashmir and Ladakh has granted bail to Bansi Lal, a former police officer who had been in custody for nearly 18 years. The decision, delivered by Justice Atul Sreedharan on July 3, 2024, highlights the critical issue of delayed trials and their impact on the fundamental rights of the accused.
The case, registered as Bail App No. 30/2024, involves Bansi Lal, a 56-year-old former police officer, who was arrested in 2006 on charges of murdering an innocent man by falsely portraying him as a terrorist. The Union Territory of Jammu & Kashmir, represented by the In-charge Police Station, Police Station Sumbal, Bandipora, and the Superintendent of Central Jail, Kot Bhawal, Jammu, were named as respondents in the case.
Mr. Sunil Sethi, Senior Advocate, accompanied by Mr. Shanum Gupta, Advocate, represented the petitioner through video conferencing. The respondents were represented by Mr. P.D. Singh, Deputy Advocate General.
The court’s decision to grant bail was primarily based on two crucial factors:
1. Prolonged custody: Justice Sreedharan noted that the applicant had been in judicial custody for almost 18 years, with only a brief period of interim bail during this time.
2. Delayed trial: The court expressed astonishment at the slow progress of the trial. Out of 72 witnesses, only 28 had been examined in the past 17 years.
In his order, Justice Sreedharan made a striking observation: “This is a clear cut case of violation of Article 21 on account of delayed trial. The trial is delayed at the stage of prosecution witnesses. The State is unable to show how the delay could be attributed to the applicant.”
This statement underscores the court’s concern over the violation of the accused’s fundamental right to a speedy trial, as guaranteed by Article 21 of the Indian Constitution. The court’s emphasis on the state’s inability to justify the delay further strengthens the case for the accused’s release.
The High Court’s decision to grant bail after such a prolonged period of incarceration raises important questions about the efficiency of the criminal justice system and the balance between public safety and individual rights. It also highlights the need for judicial intervention in cases where trial proceedings are excessively delayed.
Also Read
In granting bail, the court ordered the immediate release of Bansi Lal upon furnishing a personal bond of Rs. 50,000/- and one surety of the same amount to the satisfaction of the Registrar Judicial.
