Can an accused remain in jail for years without trial? What happens when an undertrial spends an exceptionally long period in custody? A recent Supreme Court order has brought these important questions concerning bail, prolonged incarceration, speedy trial and Article 21 of the Constitution back into focus.
In Lisham Ibungotomba Singh v. State of West Bengal, the Supreme Court dealt with an accused who had remained in judicial custody for more than eight-and-a-half years in a burglary-related case.
Supreme Court’s Latest Order: What Happened?
The accused approached the Supreme Court after the Calcutta High Court rejected his bail application.
The Court nevertheless refused bail, primarily because the accused had previous involvement in offences of a similar nature. However, the Court was conscious that the prolonged custody could not be accompanied by an indefinitely delayed trial.
Accordingly, the Supreme Court directed the trial court to proceed expeditiously and complete the entire trial within six months, with the result to be reported to the Supreme Court.
The Important Point
The judgment should not be read as saying that every person who has spent several years in custody is automatically entitled to bail.
Rather, it demonstrates the Court’s attempt to balance two competing considerations:
- The accused’s right to personal liberty and speedy trial; and
- The interests of society and the need to consider criminal antecedents and the seriousness of the allegations.
What Is the Right to Speedy Trial Under Article 21?
Article 21 of the Constitution provides protection of life and personal liberty.
The Supreme Court has repeatedly held that the right to speedy trial forms part of the fundamental right guaranteed under Article 21.
Can Prolonged Custody Become a Ground for Bail?
Yes, in appropriate circumstances.
However, prolonged incarceration is not an automatic formula for bail.
Courts generally consider several factors, including:
- Nature and gravity of the offence
- Period already spent in custody
- Stage of the trial
- Number of witnesses examined
- Reasons for delay
- Possibility of the trial concluding within a reasonable period
- Criminal antecedents of the accused
- Possibility of influencing witnesses
- Possibility of tampering with evidence
- Risk of absconding
- Applicable statutory restrictions
Does Seriousness of the Offence Automatically Defeat the Right to Speedy Trial?
No.
The gravity of the allegations is undoubtedly an important factor while considering bail. However, the seriousness of an offence does not give the prosecution an unlimited licence to keep an accused incarcerated indefinitely without meaningful progress in the trial.
What Can an Accused Do If the Trial Is Taking Too Long?
An accused facing prolonged incarceration can consider appropriate legal remedies depending upon the facts of the case.
1. Regular Bail Application
A fresh bail application may be considered where there has been a material change in circumstances, including substantial progress—or lack of progress—in the trial.
2. Bail on the Ground of Prolonged Incarceration
Where the accused has spent a substantial period in custody and the trial is unlikely to conclude within a reasonable period, prolonged incarceration can become an important ground for bail.
3. Application for Expedited Trial
The accused may seek appropriate directions for expeditious completion of the proceedings.
4. Constitutional Remedy
In appropriate cases, constitutional courts can intervene where extraordinary delay results in infringement of fundamental rights.
The precise remedy depends upon the nature of the offence, applicable statute, stage of proceedings and reasons for delay.
What If the Accused Has Criminal Antecedents?
This is one of the most important aspects of the latest Supreme Court decision.
The accused’s previous involvement in similar offences weighed against the grant of bail.
Therefore, long custody alone does not guarantee bail.
Frequently Asked Questions
Can an undertrial get bail because of long imprisonment?
Yes, prolonged incarceration can be a significant ground for bail, particularly where the trial is unlikely to conclude within a reasonable period. However, bail depends upon the facts and applicable law.
Is speedy trial a fundamental right in India?
Yes. The Supreme Court has recognized speedy trial as an important component of the fundamental right to life and personal liberty under Article 21.
Does 8 years in jail automatically mean bail?
No. The latest Supreme Court order itself demonstrates this. Despite more than 8½ years of custody, bail was refused because the accused’s criminal antecedents were considered significant. The Court instead ordered expeditious completion of the trial.
Can the High Court grant bail because the trial is excessively delayed?
In appropriate circumstances, yes. Constitutional courts can consider prolonged incarceration and unreasonable trial delay while exercising their bail jurisdiction.
What should an accused do if the trial has not progressed for years?
The accused can seek appropriate legal remedies, including a bail application based on prolonged incarceration and an application seeking expeditious disposal of the trial. The appropriate remedy depends upon the facts and governing statute.
Conclusion
The case makes one thing clear: an accused cannot necessarily demand bail merely because the trial has taken years, but prolonged incarceration accompanied by unreasonable delay cannot be ignored by the courts.
For persons facing prolonged incarceration, the period already spent in custody, pace of trial, number of witnesses examined, reasons for delay, criminal antecedents and statutory restrictions should all be carefully examined before seeking bail.
If you or a family member has been facing prolonged custody, rejection of bail, delayed trial or serious criminal proceedings, obtaining advice from an experienced criminal lawyer in Delhi or Ghaziabad can be important for determining the appropriate legal remedy.
Legal Crusader handles criminal litigation, bail matters and proceedings before courts in Delhi-NCR and can assist in assessing appropriate remedies based on the individual facts of the case.
