SC Criticizes HCs for Denying Bail, Offering Trial Speed-Up as Consolation

SC Criticizes HCs for Denying Bail, Offering Trial Speed-Up as Consolation

The Supreme Court on Friday voiced concern over the growing trend of High Courts denying bail to accused individuals, while simultaneously instructing trial courts to expedite proceedings as a form of relief.

A bench comprising Justice Abhay S. Oka and Justice Augustine George Masih termed this practice as "shocking." They noted that it has resulted in accused individuals being held in custody for prolonged periods.

"There is new practice going on by High courts where they deny bail but give solace to lawyer by directing trial be completed expeditiously. Accused is behind for three years and seven months. These are shocking affairs going on," Court observed.

The Court was hearing a plea filed by an Assistant Sub-Inspector (ASI) in the Technical Surveillance Unit, who had been denied bail by the Jammu and Kashmir High Court in May, following allegations of his involvement in narco-terrorism activities. While denying bail, the Jammu and Kashmir High Court had instructed the trial court to expedite the examination of witnesses.

The Supreme Court expressed serious concern over the accused's prolonged detention, emphasizing that he had been in custody for 3 years and 7 months. The counsel for the National Investigation Agency (NIA) requested a week's time to seek instructions. The Court granted the request and adjourned the case.

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