Double murder 3rd bail rejected: liberty 6 months wait or approach SC?

574 votes

Filing a Special Leave Petition (SLP) before the Supreme Court under Article 136 is the more advisable course rather than waiting six months, given that the trial is indefinitely stalled through no fault of the applicant. The Supreme Court has repeatedly affirmed (including in Union of India v. K.A. Najeeb and Manish Sisodia) that prolonged incarceration without progress in trial violates the fundamental right to a speedy trial under Article 21, overriding even statutory rigours. Key grounds to press in the SLP include parity—since all other co-accused have secured regular or anticipatory bail—the fact of voluntary surrender reflecting no flight risk, and the complete halt of proceedings caused by the High Court's stay in a co-accused's quashing petition alongside the informant's deferment applications. Because the delay is entirely systemic and trial resumption remains uncertain, the Supreme Court is likely to consider these constitutional grounds directly, rather than obliging the applicant to endure further pre-trial detention merely to exhaust a six-month waiting window.

Advocate Aniket Singh LawRato