Noting that the accused seen in the video and linked to DNA evidence had already been granted bail, and that the applicant had spent two and a half years in custody with only seven of thirty-one witnesses examined, the Delhi High Court held that his case prima facie stood on a better footing and granted bail despite his having been declared a proclaimed offender.
With 40 of 120 witnesses examined and the appellant in custody since December 2018, the Delhi High Court granted bail in an NIA case, holding that a High Court must decide on the law as it stands even though the interplay between Article 21 and Section 43D(5) of the UAPA has been referred to a larger Bench.
The Supreme Court issued directions for speedy disposal of pending bail applications nationwide, stressing protection of undertrial prisoners’ rights and personal liberty. A Bench led by Chief Justice Surya Kant urged High Courts and investigating agencies to coordinate and avoid unnecessary delays.
The Supreme Court expressed strong displeasure over the prolonged pendency of bail and anticipatory bail applications in several High Courts, calling it a serious threat to personal liberty. The Court warned that it may issue mandatory guidelines if High Court Chief Justices fail to ensure timely hearings in bail matters.
The Supreme Court has raised serious concern over the rising backlog of gangster and terror-linked cases in Delhi, urging urgent reforms and special courts for speedy trials. The Bench stressed that trials must finish within six months and said “the question of granting bail” should not arise if proceedings move on time.
