Under-Trial Accused Cannot Be in Jail for Indefinite Period: Bombai High Court

Mumbai: An under-trial accused cannot be kept in jail for an indefinite period as it violates the fundamental rights enshrined in the Constitution of India, said the Bombay High Court while granting bail to an accused in a double murder case.

Granting bail to the accused Akash Satish Chandalia, the single bench of Justice Bharati Dangre on September 26 said a balancing act has to be struck between the gravity and seriousness of the charges, which the accused is facing, and the long time taken for conclusion of trial.

The court in its order noted that despite directions being issued to conclude the trial in a time-bound manner, it has not yielded any result and in such circumstances, there is no option but to release an accused on bail.

Justice Dangre noted that deprivation of personal liberty, without ensuring speedy trial was not in consonance with Article 21 of the Constitution.

Chandalia’s advocate Sana Raees Khan argued that he was incarcerated for almost eight years and the trial is yet to conclude.

As per the case Chandalia and a gangster co-accused allegedly kidnapped two persons and assaulted them to death. Two other co-accused in the case are already out on bail in the case.