On Monday, the Supreme Court emphasized that the consideration of bail is necessary even for grave offenses if the accused’s entitlement to a prompt trial under Article 21 of the Constitution is compromised. This decision granted relief to a murder suspect who has been incarcerated since November 2022 without any witnesses being called to testify.

The bench, comprising Justices J B Pardiwala and Vijay Bishnoi, acknowledged that the petitioner had been in judicial custody since November 1, 2022. They pointed out that, although charges were formally established by the trial court in 2024, not a single witness had been examined up to that point. Under these circumstances, the court concluded that the accused’s right to a speedy trial, as guaranteed by Article 21, had indeed been violated.

While recognizing the seriousness of the murder charge against the petitioner, the court reiterated its stance that regardless of the severity of a crime, the infringement of the right to a swift trial necessitates appropriate consideration of bail applications.

The court ordered that Sahil Manoj Machare, the petitioner, be granted bail unless he is required for any other legal matters, subject to conditions that the trial court may find suitable.

Machare sought intervention from the Supreme Court after the Bombay High Court denied his request for regular bail related to a case registered at the Shahapur Police Station in Kolhapur district on November 1, 2022, under Sections 302 and 34 (common intention) of the Indian Penal Code (IPC).

The Supreme Court has previously affirmed that the right to a speedy trial is a fundamental right protected under Article 21 of the Constitution.