Speedy trial fundamental right, undertrial can't be subjugated to indefinite incarceration: SC

Speedy conclusion of trial is a fundamental right and an undertrial cannot be subjugated to indefinite incarceration, the Supreme Court said on Friday.

A bench of Justices Hrishikesh Roy and Pankaj Mithal therefore granted bail to a man, who was in custody for about 4.2 years in a case lodged in Bihar, observing the case’s trial wouldn’t be over soon.

The top court’s order came on a plea filed by one Raushan Singh, who challenged the Patna High Court’s June verdict dismissing his bail application.

“An undertrial cannot be subjugated to indefinite incarceration. Speedy conclusion of trial is a fundamental right, well-recognised in our jurisprudence,” the bench said.

Singh’s counsel informed the bench that the petitioner was in custody since his arrest in October, 2020, and the case’s trial was still inconclusive.

The counsel appearing for the state said three more prosecution witnesses were to be examined in the case.

The bench noted as per the state’s counsel, the delay in trial was attributed to a discharge application filed by one of the accused in the case.

“Having considered the period of incarceration and the fact that trial may not be concluded on a near date, we deem it appropriate to allow bail to the petitioner – Raushan Singh,” held the bench, adding appropriate bail conditions were to be imposed by the trial court.

While dismissing his bail application previously, the high court directed the trial court to conclude the trial as expeditiously as possible, preferably within six months. P