Shocking delay in murder trial prompts Supreme Court to grant bail to accused who spent 9 years in jail

The Supreme Court on Friday granted bail to a murder accused who had remained behind bars for over nine years, considering the shocking delay noticed in the pace of the trial and the time spent by the accused in jail [Liakat Ali v, State of Jammu and Kashmir].

A Bench of Justice MM Sundresh and Justice Prasanna B Varale invoked the Supreme Court's powers under Article 32 of the Constitution to grant the relief to one Liakat Ali.

"The continued delay in trial and prolonged incarceration shocks our judicial conscience. The petitioner was a teenager at the time of the alleged occurrence and has been charged with the commission of murder based on circumstantial evidence. He has been under incarceration for a period of nine years and two months, for no fault on his part," the Court observed.

The Court further noted that the trial in the 2017 case is unlikely to conclude any time soon. It, therefore, ordered the accused man's release from jail subject to bail conditions that the concerned trial court may impose.

"When the accused is under incarceration, it is incumbent upon the Court and the prosecuting agency to expedite the conduct of the trial," the Court added.

The accused, Liakat Ali, was among those alleged to have kidnapped and murdered a 19-year-old in 2017 over some enmity.

Ali denied the allegations. During bail proceedings before a district court in Jammu, his counsel pointed out that the case rested entirely on circumstantial evidence, namely claims that the deceased person was last seen with the accused before he went missing.

Ali's bail plea was dismissed by the district court in 2023. He eventually approached the Supreme Court seeking bail, contending that despite remaining in custody for over nine years, the trial had progressed at a snail’s pace.

The Supreme Court noted that only 12 of the 30 prosecution witnesses had been examined so far and that the delay was not attributable to the accused.

It also took note of the fact that the petitioner was a teenager at the time of the alleged offence and that the prosecution's case is based on circumstantial evidence.

The Bench reiterated the principle that an accused is presumed to be innocent until he is proved guilty after trial. It added that the principle that “bail is the rule and jail is the exception” must be borne in mind while considering such cases.

It proceeded to grant Ali bail.

Advocate Ranjeet Kumar, along with Advocates Simanta Kumar, TR Naval and Sushma Kumari, instructed by Advocate-on-Record Dr. Pratap Singh Nerwal, appeared for Ali.

Advocate Parth Awasthi, instructed by Advocate-on-Record Pashupathi Nath Razdan, represented the Jammu and Kashmir administration.

[Read Order]