The Supreme Court has granted regular bail to an undertrial accused in a murder case, observing that prolonged incarceration without any progress in the trial infringes the fundamental right to speedy trial enshrined under Article 21 of the Constitution, regardless of the seriousness of the offence.
A bench comprising Justice JB Pardiwala and Justice Vijay Bishnoi passed the order in a Special Leave Petition filed by Sahil Manoj Machare challenging the denial of regular bail by the Bombay High Court, Circuit Bench at Kolhapur, in connection with Crime No. 322 of 2022 registered at Shahapur Police Station, District Kolhapur.
The FIR was registered on 1 November 2022 for offences punishable under Sections 302 read with Section 34 of the Indian Penal Code. The petitioner has been in judicial custody since the date of his arrest on 1 November 2022. Although the charge was framed by the Trial Court in the year 2024, not a single witness has been examined till date.
The Supreme Court took note of the inordinate delay in the trial proceedings and observed that the right of the accused to have a speedy trial as enshrined under Article 21 of the Constitution could be said to have been infringed. The Court emphasised that howsoever serious the crime may be, if the right of speedy trial is infringed, the Court must consider the plea for bail appropriately.
“We are mindful of the fact that the petitioner is charged with the offence of murder but time and again, we have said that howsoever serious the crime may be, if the right of speedy trial is infringed, then Court must consider the plea for bail appropriately. Here is a case wherein past almost 4 years, the petitioner is in jail but not a single witness has been examined.”
In such circumstances, the Supreme Court held that it was left with no other option but to grant bail. The Court directed that the petitioner be released on bail forthwith, if not required in any other case, subject to terms and conditions that the Trial Court may deem fit to impose. With the aforesaid observations, the petition was disposed of.
Case Title: Sahil Manoj Machare Versus The State of Maharashtra
Citation: 2026 INSC 445
Coram: Justices JB Pardiwala and Vijay Bishnoi
Click HERE to read full Judgment.
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