'I Know Not Whether Laws Be Right...' SC Quotes Oscar Wilde While Granting Bail To Undertrial
Supreme Court said that it is granting bail to avoid the situation of the trial process itself being the punishment.
The Supreme Court in a recent order quoted from famous Irish author Oscar Wilde's “The Ballad of Reading Gaol” while granting bail to an undertrial prisoner. The court found that the accused had spent 4 years in jail, while the trial was still pending, and six of other co-accused were already out on bail.
The top court granted bail "to avoid the situation of the trial process itself being the punishment."
A bench of Justices Hrishikesh Roy and R Mahadevan while granting bail observed that an accused has a right to a fair trial and while a hurried trial is frowned upon as it may not give sufficient time to prepare for the defence, an inordinate delay in conclusion of the trial would infringe the right of an accused guaranteed under Article 21 of the Constitution.
The Sptember 9 order stated: It is not for nothing the Author Oscar Wilde in “The Ballad of Reading Gaol”, wrote the following poignant lines while being incarcerated:
"I know not whether Laws be right,
Or whether Laws be wrong;
All that we know who be in jail Is that the wall is strong;
And that each day is like a year, A year whose days are long."
The court noted that the counsel appearing for accused submited that 6 of the accused have been granted bail in the present matter.
"Moreover, only 7 out of the cited 47 witnesses have been examined so far in the Trial. The counsel then points out that the petitioner has been in custody for nearly 4 years since he was arrested on 26.06.2020. Also although the direction to conclude the trial in the five months was given by the High Court on 30.04.2024, that is unlikely, looking at the pace of the Trial," the order read.
The top court noted that the counsel for state contended that there is no material change of circumstances from when the bail was refused to the petitioner in 2023. The bail for the accused was also opposed on the grounds that he had direct role in shooting of the victim.
The court noted that in this case, 21 prosecution witnesses have already testified and 17 more witnesses are proposed to be examined after dropping 9 of the earlier cited witnesses. The apex court further noted that the High Court while rejecting bail had asked for conclusion of trial within 5 months.
"The 5 months period stipulated by the High Court will expire at the end of this month but as noticed earlier, the prosecution proposes to examine 17 more witnesses" the top court's order read.
The top court observed that since the prosecution wishes to examine 17 more witnesses, the trial is unlikely to conclude on a near date.
"Considering the above and to avoid the situation of the trial process itself being the punishment particularly when there is presumption of innocence under the Indian jurisprudence, we deem it appropriate to grant bail to the petitioner...It is ordered accordingly. Appropriate bail conditions be imposed by the learned trial court," the order read.
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