Liberty Not to be Misused: Supreme Court Allows Bail In Delayed Trial

In a notable judgment, the Supreme Court of India has granted bail to Avinash, who was embroiled in a multi-offence criminal case, with a stern warning that his liberty should not be misused.

The apex court’s decision focused on the principle of granting bail in complex criminal cases, taking into account the prolonged custody of the accused and the slow pace of the trial. The judgment highlighted the balance between an individual’s right to bail and the seriousness of the charges.

Avinash was implicated in Crime No.48 of 2017, involving offences under the Indian Penal Code, Arms Act, and Maharashtra Police Act. Despite the severity of the charges, including murder and criminal conspiracy, the trial had seen little progress, with only two out of 35 prosecution witnesses examined since 2019. The High Court had rejected Avinash’s bail application, leading to the appeal in the Supreme Court.

Justices B.V. Nagarathna and Augustine George Masih scrutinized the facts, particularly the duration of Avinash’s custody and the trial’s slow movement. The Court observed, “The appellant shall extend complete cooperation in the trial of the instant case.” The Court also cautioned, “The appellant shall not misuse his liberty in any manner,” indicating a stringent stance on compliance with the bail conditions.

The Supreme Court, setting aside the High Court’s decision, directed the trial court to release Avinash on bail, imposing conditions to ensure his presence in the trial and warning against any misuse of the granted liberty.

Date of Decision: 19^th February 2024

Avinash vs. The State of Maharashtra