CITES PROLONGED CUSTODY AND TRIAL DELAY
Subhash Jindal/Chandigarh
The Punjab and Haryana High Court has granted regular bail to accused Karandeep Singh @ Karan in an NDPS Act case, holding that an accused cannot be kept behind bars indefinitely merely because of prolonged delay in the trial. The Court reiterated that the right to a speedy trial is a fundamental right guaranteed under Article 21 of the Constitution. The order was passed by the Single Bench of Justice Sumeet Goel in CRM-M-36145-2026.
Appearing for the petitioner, Advocate Gopal Rathi argued that the accused had remained in judicial custody for more than a year and that the trial had made little progress. He submitted that the delay was not attributable to the accused and, therefore, continued incarceration would be unjustified.
Accepting the submissions, the High Court observed that while the stringent provisions of Section 37 of the NDPS Act must be respected, courts are empowered to grant bail in appropriate cases where an inordinate delay in trial results in violation of the accused’s fundamental rights. The Court also reiterated the well-established principle that “justice delayed is justice denied.”
While granting bail, the Court imposed several conditions, including the accused’s regular appearance before the trial court, refraining from tampering with evidence, not committing any further offence, and filing a monthly affidavit in compliance with the bail conditions.
Advocate Gopal Rathi’s reacting to the order, said, “This judgment is not merely about granting bail to an accused; it reaffirms the constitutional guarantees of personal liberty and the right to a speedy trial. The Hon’ble High Court has sent a clear message that where trials are unnecessarily prolonged, a person’s liberty cannot be curtailed indefinitely solely because of the stringent provisions of the NDPS Act. The ruling will serve as an important precedent for numerous cases involving undertrial prisoners who have remained in custody for extended periods.”
