The Delhi High Court said the pendency of bail matters is a matter of serious concern and affects justice. It observed that such delays cause trauma to accused persons and amount to violation of their fundamental rights clearly.
The Delhi High Court voiced its frustration over the lengthy delays in deciding bail applications, with Justice Girish Kathpalia highlighting that this issue severely impacts the fundamental rights of those accused.
These remarks were made in connection to a bail request from a murder suspect, which had been submitted to the High Court in December 2024 and adjourned multiple times by various benches since then.
Justice Kathpalia commented,
“It is a matter of serious concern that bail applications remained pending for such inordinately long periods before the Court of Sessions as well as this court. As mentioned above, even in this court, this bail application remained pending since 20.12.2024 and has come up before me today for the first time,”
He further emphasized that the prolonged delays in bail requests inflict trauma on accused individuals who are held in custody, thereby violating their fundamental rights.
The judge stated,
“It has been repeatedly observed in a plethora of judicial pronouncements that whether it be allowed or be dismissed, a bail application should not remain pending for such long periods. For, that in itself is a trauma for the incarcerated accused and violation of his fundamental rights,”
The accused, Amir, argued that the incident leading to the man’s death happened impulsively. He noted that he has been in custody since October 2021 due to his alleged involvement.
In opposition to the bail plea, the State acknowledged that granting bail to Amir would not pose a risk of witness tampering, as the prosecution witnesses had already been examined.
The Court recognized the distress Amir faced due to his bail application being pending in the trial court for over twenty-five months.
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The Court noted,
“Before proceeding further, I must place on record the anguish, expressed genuinely and politely by learned counsel for accused/applicant that for 25 months his bail application remained pending before the trial court despite his having filed early hearing application; and even before this court, the suffering did not reduce and this application remains pending till date,”
Taking all factors into account, the Court granted bail to Amir and instructed that the order be “immediately transmitted” to the Jail Superintendent.
Advocate Aman Akhtar represented the accused, while Additional Public Prosecutor Sanjeev Sabharwal appeared on behalf of the State.
Case Title: Amir Vs State NCT of Delhi