High Court Upholds Right to Speedy Trial, Grants Bail After Six-Year Incarceration
The Punjab and Haryana High Court has delivered a significant judgment emphasizing the fundamental right to a speedy trial, granting regular bail to a man who has spent over six years in custody as an undertrial in a double murder case. Justice Sumeet Goel, presiding over a single bench, allowed the fourth bail application of Surjeet alias Surjeet Mourya, observing that prolonged incarceration without trial conclusion violates constitutional protections.
Case Background and Judicial Observations
The case dates back to June 13, 2019, when police recovered two bodies from Badwali Lake in Faridabad. The remains of a man and a woman were discovered stuffed in a bag floating in the water. The First Information Report was registered based on a complaint by Vijay alias Chandi, who initially noticed the bodies. Several days later, the woman's father named Surjeet in a written application to the police authorities.
Surjeet has been in custody since June 26, 2019, facing charges under relevant sections of the Indian Penal Code and the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. Despite this lengthy period, the trial has progressed at a sluggish pace, with only 22 out of 34 prosecution witnesses examined so far.
Legal Arguments and Court's Reasoning
Surjeet's defense counsel argued that his client had been falsely implicated due to a suspected relationship with the deceased woman. The counsel emphasized that the case rested entirely on circumstantial evidence and that key prosecution witnesses had already been examined.
The state counsel opposed the bail plea, citing the grave nature of the allegations. Counsel representing the complainant's family also objected, pointing to testimony from the woman's father, mother, and sister that directly implicated the accused.
However, Justice Goel found compelling reasons to grant bail. The court noted that "every accused is presumed innocent until proven guilty" and that no material had been presented to suggest Surjeet might abscond or interfere with evidence. The judge referenced the Supreme Court's 2024 ruling in Javed Gulam Nabi Shaikh vs State of Maharashtra, quoting: "If the State or any prosecuting agency... has no wherewithal to protect the fundamental right of an accused to have a speedy trial, then it should not oppose the plea for bail on the ground that the crime committed is serious."
The court specifically observed that prolonged incarceration without conclusion of trial infringes the accused's right to a speedy trial guaranteed under Article 21 of the Constitution.
Previous Bail Applications and Current Conditions
This marks Surjeet's fourth attempt at securing bail. His first application was dismissed in August 2020, while subsequent pleas were withdrawn in March 2023 and January 2024. The court noted that despite earlier directions to expedite the trial, progress had remained disappointingly slow.
While granting bail, the court imposed specific conditions on Surjeet:
- Furnish surety bonds to the satisfaction of the trial court
- Not tamper with evidence or influence witnesses
- Not commit any offense while on bail
- Not change his phone number without court permission
Justice Goel clarified that the observations made in the bail order would not influence the merits of the ongoing trial, ensuring the judicial process remains unbiased.
This ruling reinforces the judiciary's commitment to protecting fundamental rights, even in serious criminal cases, and serves as a reminder about the importance of timely justice delivery in India's legal system.
