In a recent order underscoring the imperative of timely justice and the protection of individual liberties, bail has been granted by the Supreme Court to a murder accused whose plea had been languishing in the High Court of Jammu and Kashmir and Ladakh without a decision for an extended period. 

The decision was reached after nearly eight years of the accused's incarceration, awaiting trial and a decision on the bail plea.

The bail was granted by a bench composed of Justices BR Gavai, Rajesh Bindal, and Sandeep Mehta which took cognizance of the prolonged incarceration of the accused and the sluggish pace at which the criminal trial was progressing. 

Despite the bail plea being pending before the High Court, the Supreme Court deemed it necessary to intervene, citing the fundamental right to liberty enshrined in the Indian Constitution.

On February 26, an order was issued by the Supreme Court expressing concern over the inordinate delay in the disposal of the bail plea by the High Court. Emphasis was placed on the imperative of expeditious disposal of such matters, especially those concerning personal liberty. 

The accused had approached the Supreme Court after his bail plea remained unresolved for over six months in the High Court, which had received the plea in May 2023.

On January 30, 2024, the High Court was directed by the Supreme Court to expedite the decision on the bail plea. However, despite the directive, the matter was not adjudicated promptly. Even when the bail plea was listed for hearing on February 23, it could not be taken up due to time constraints and was adjourned, further exacerbating the delay.

Consequently, in light of the High Court's inability to promptly address the issue, bail was granted to the accused by the Supreme Court, ensuring his release from custody. 

Case: Arjun Kattal vs. The State of Jammu and Kashmir,

Petition(s) for Special Leave to Appeal (Crl.) No(s). 1028/2024.

Click to read/download order.