Supreme Court Grants Bail After Two Years in Custody, Says “Incarceration Without Trial Amounts to Punishment”

In a significant order emphasising speedy justice and personal liberty, the Supreme Court of India has granted bail to Pardeep Kumar @ Banu, who has been in jail since April 2024 without the trial even commencing.

The case stems from FIR No. 17 dated 11 February 2024 registered at Police Station Mahilpur, District Hoshiarpur, Punjab. The appellant faces charges under Sections 386 (extortion), 307 (attempt to murder), 506 (criminal intimidation) and 120-B (criminal conspiracy) of the Indian Penal Code, along with Sections 25(6) and 27 of the Arms Act, 1959. Sections 482 and 411 IPC were added later. He was arrested on 13 April 2024.

The Punjab and Haryana High Court had rejected his bail plea on 11 July 2025. In appeal before the Supreme Court, the bench comprising Justices Dipankar Datta and Prasanna B. Varale noted that the prosecution intends to examine as many as 23 witnesses, yet not a single one has been examined so far. With the trial unlikely to conclude in the near future, the Court observed that almost two years have already passed since the arrest.

Highlighting a core principle of criminal jurisprudence, the Supreme Court remarked: “Incarceration without trial amounts to punishment.” The bench held that further detention pending trial was not necessary and granted bail subject to furnishing of bail bonds to the satisfaction of the trial court and such other conditions as the trial court may impose.

The order includes standard protective conditions: the appellant shall not tamper with evidence or influence witnesses, must diligently attend trial proceedings (unless exempted), and any breach will entitle the trial court to cancel the bail. The Court also clarified that the observations in the order are not to be treated as findings on the merits of the case.

This order reinforces the Supreme Court’s consistent stand that prolonged pre-trial detention, especially where the trial has not even begun despite a large number of witnesses, cannot be allowed to continue indefinitely.

Case Details Title: Pardeep Kumar @ Banu vs. State of Punjab
Case No.: Criminal Appeal No. 1341/2026 [Arising out of SLP (Crl.) No. 18775/2025]
Court: Supreme Court of India
Bench: Justices Dipankar Datta and Prasanna B. Varale
Date of Order: 13 March 2026

Click HERE for full Judgment.