2 min readNew DelhiMay 5, 2026 03:58 PM IST
The Supreme Court Monday reiterated that bail must be considered even in serious offences if an accused’s right to a speedy trial under Article 21 of the Constitution is violated, granting relief to a murder accused who has remained in custody since November 2022 without any witness being examined.
“We take notice of the fact that the petitioner has been in judicial custody since November 1, 2022. Although the charge came to be framed by the trial court in 2024, to date, not a single witness has been examined. In such circumstances, referred to above, we are left with no other option but to say that the right of the accused to have a speedy trial as enshrined under Article 21 of the Constitution could be said to have been infringed,” a bench of Justices J B Pardiwala and Vijay Bishnoi said.
“We are mindful of the fact that the petitioner is charged with the offence of murder, but time and again, we have said that, however serious the crime may be, if the right of speedy trial is infringed, then the court must consider the plea appropriately.”
The court directed that the petitioner, Sahil Manoj Machare, be released on bail, if not required in any other case, subject to such terms and conditions as the trial court may deem fit to impose.
Machare approached the apex court after the Bombay High Court denied him regular bail in connection with the case registered with the Shahapur Police Station in Kolhapur district on November 1, 2022, for an offence punishable under Sections 302 read with Section 34 (common intention) of the Indian Penal Code (IPC).
The top court has previously held that the right to a speedy trial is a fundamental right under Article 21 of the Constitution.
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