Supreme Court Grants Bail To An Under Trial Accused imprisoned for More Than 12 Years

Supreme Court Grants Bail To An Under Trial Accused imprisoned for More Than 12 Years

The Supreme Court of India (SC) stated "We are appalled" and granted bail to an under trial who is in jail for more than 12 years for a murder case registered against him in 2009

The bench comprising Justices AM Khanwilkar, BR Gavai, and Krishna Murari said "We are appalled to notice that the appellant is in jail in connection with the crime registered by FIR No. 226 of 2009 for more than 12 years and the trial is still not concluded."

The SC granted bail to Rakesh Mishra, an accused in a murder case. The bench, directed that 'in the interest of justice', he should be released on bail to the satisfaction of the Trial Court on such terms and conditions as may be imposed by it.

The SC further gave directions to the Trial Court to ensure that the trial is concluded not later than six months from receipt of a copy of the order. An appeal was filed in the SC against the order passed by Calcutta High Court (HC) in the bail petition filed by the accused on the ground that his father recently expired.

The HC disposed of his bail plea and only permitted him to visit the place in Watganj under police escort for a period of no more than four hours and refused to grant bail.

The SC passed an order on 18 January 2021 wherein it set aside the order of the HC and granted bail to the accused showing its displeasure that the accused is imprisoned for 12 years and the trial is pending.

The recent order passed by the SC approves the rule that refusal to grant bail deprives individual liberty of the accused by confining them in jails without trial or conviction.