The Bombay High Court's recent statement suggests that depriving someone of their personal liberty without ensuring a prompt trial is inconsistent with the principles outlined in Article 21 of the Indian Constitution.

The court's observation underscores that denying personal liberty without ensuring a swift trial is contrary to the principles enshrined in Article 21 of the Constitution. The right to access justice and a speedy trial is widely recognized as a fundamental aspect of liberty protected under Part III of the Constitution. When a timely trial is unfeasible, it is unjust to subject the accused to further incarceration, as per the court's viewpoint.

Justice Bharathi Dangre presided over a bail application filed by Akash Chandalia, who stood accused in a double murder case and had been in custody since 2015. The accused was undergoing trial in the Sessions Court of Pune following the submission of a chargesheet by the police.

The accused had petitioned the high court for bail, citing that he had been in custody for a period of 7 ½ years. Additionally, he pointed out that his co-accused had already been granted release by the high court, which served as one of the grounds for his bail application.

The bench was informed by the Additional Public Prosecutor that the trial is in progress, and 15 witnesses have already given their testimonies.

The accused was charged with the severe beating of two individuals over a period of 4 to 5 hours, which ultimately led to their deaths. The accused was alleged to be responsible for physically assaulting the victims. Additionally, two other co-defendants were also granted bail by the high court.

The high court, in granting bail to the accused, emphasized that detaining a person indefinitely is a violation of their fundamental rights as enshrined in the Constitution.

The order states that while the seriousness and heinous nature of an offense should be considered when deciding whether to grant bail, it's equally important to give due weightage to the prolonged incarceration of an accused as an under-trial prisoner. Keeping a person in custody indefinitely while awaiting trial is a violation of their fundamental rights as outlined in the Constitution. This has been recognized as a justiciable ground for exercising discretion in favor of releasing the accused.

Case: Akash Satish Chandalia vs State of Maharashtra, CRIMINAL BAIL APPLICATION NO.1779 OF 2023.