Gauhati High Court: Delay in trial, long detention grounds for bail

Staff Reporter

Guwahati: The Gauhati High Court said that undue delay in the completion of a trial makes an accused eligible for bail, especially if prolonged incarceration is involved.

On that ground, the HC bench of Justice Mridul Kumar Kalita granted bail to a man accused of possessing a commercial quantity of methamphetamine tablets individually, as there was a delay in the completion of the trial and he had already been detained for more than 3 years and 8 months.

An application under Section 439 of the Code of Criminal Procedure, 1973, was filed by petitioner Yahiya Khan, who was detained in connection with NCB Crime No. 13/2020 on October 14, 2020, along with two other co-accused, namely Shakil Khan and Mithilesh Kumar, for possessing 2.146 kg of methamphetamine tablets. Later on, NDPS Case No. 16/2021 was registered on March 10, 2022, against the petitioner and two other co-accused persons.

The petitioner-accused was detained on October 14, 2020, along with two other co-accused from Six Mile, Guwahati, on the ground of possessing a total of 2.146 kg of methamphetamine tablet, which is a commercial quantity.

The counsel appearing for the petitioner submitted that the Trial Court failed to culminate the trial within six months of the date of a High Court order in which it was observed that the Trial Court shall plan a calendar of hearings to ensure early disposal of the case, preferably within six months, failing which the Trial Court shall consider the release of the said accused on bail. When the Trial Court failed to culminate the trial within six months of the date of the said order, the co-accused, Shakil Khan, was granted bail by an order dated November 18, 2023.

Moreover, it was the contention of the petitioner that even after seven months of the release of the said co-accused on bail on the grounds of prolonged incarceration, the petitioner, who is similarly situated to the accused who was already released on bail, is languishing behind bars with the uncertainty of the early culmination of trial. Thus, it was argued that the petitioner is entitled to bail on the grounds of prolonged incarceration only.

Also Read: Assam: Centre notifies appointment of Gauhati High Court judges (sentinelassam.com)

Also watch: