The Delhi High Court has issued a scathing indictment of excessive delays in deciding bail petitions, declaring such lapses equivalent to psychological torment for jailed accused and an assault on their basic freedoms.
Justice Girish Kathpalia voiced this during proceedings on Amir’s bail application linked to a fatal stabbing at Seemapuri in 2021. The FIR invoked murder and attempt-to-murder charges after a brawl where Shoaib was knifed to death and Sohail injured while trying to stop the assault. Amir allegedly held Sohail from behind during the melee.
Detained over two years, Amir’s plea languished 25 months in trial court despite urgency applications, and further in high court. His lawyer stressed full cooperation and the spontaneous nature of events, noting survivor-witness Sohail’s completed testimony.
Opposing counsel acknowledged serious allegations but admitted all public prosecutors’ witnesses examined, reducing evidence interference fears post-bail.
The bench lambasted the untenable delays across judicial tiers. “Numerous rulings reiterate that bail applications must not pend indefinitely; extended delays alone punish the undertrial mentally and violate rights,” it stated.
With trial advancing and custody overstretched, liberty was deemed appropriate. Bail terms included Rs 10,000 personal bond plus matching surety, pending trial court nod. Jail authorities received immediate order transmission instructions.
This decision spotlights chronic bottlenecks in India’s lower judiciary, where bail hearings often drag, clashing with the principle that ‘bail is the rule, jail the exception.’ It calls for procedural reforms to prevent rights erosion through inaction.