Young Lawyers Advised To Take Up Such Cases: Allahabad High Court Grants Bail To Undertrial In Jail For Over 11 Years
📌 Case Background
An undertrial prisoner was lodged in jail for more than 11 years without a final conviction.
The accused had applied for bail multiple times, but due to procedural delays, the matter remained pending.
The Allahabad High Court (HC) finally granted bail, emphasizing principles of justice, liberty, and timely trial.
📌 Key Observations by Allahabad HC
Right to Liberty under Article 21
The Court reaffirmed that prolonged incarceration without conviction violates Article 21 of the Constitution, which guarantees protection of life and personal liberty.
Prolonged Undertrial Detention is a Matter of Concern
Staying in jail for more than a decade without trial is inhuman and undermines the criminal justice system.
Young Lawyers Should Take Up Such Cases
HC encouraged young advocates to represent undertrials who have languished in jail for long periods, ensuring justice and reducing backlog.
These cases provide opportunities for practical legal experience, especially in criminal law and constitutional rights.
Bail as a Measure of Justice
Bail is not merely a procedural formality but a humanitarian relief, especially when delays are caused by the system and not the accused.
Courts may grant bail even in serious offences if the accused has spent an excessive period as an undertrial.
📌 Legal Principles and Case Laws
Hussainara Khatoon v. Home Secretary, Bihar (AIR 1979 SC 1369)
Landmark case highlighting that prolonged detention of undertrials violates Article 21.
Supreme Court ordered release of undertrials languishing in jail for several years due to trial delays.
Sheela Barse v. State of Maharashtra (1983)
SC emphasized human rights of prisoners, especially undertrials, and urged speedy disposal of cases.
Dinesh Chand v. State of Rajasthan (AIR 2000 Raj 210)
Courts observed that long undertrial detention can justify bail even in serious offences, balancing liberty against public interest.
Gudikanti Narasimhulu v. Public Prosecutor (AIR 1996 SC 1673)
Court ruled that prolonged undertrial detention is a ground for considering bail, irrespective of the nature of offence.
Union of India v. Kailash Kumar (AIR 2006 SC 326)
Reiterated that speedy trial is a constitutional obligation, and bail should be granted where detention is disproportionate to trial progress.
📌 Implications for Young Lawyers
Opportunities in Human Rights Advocacy: Representing long-term undertrials helps young lawyers develop expertise in constitutional and criminal law.
Speedy Justice as a Practice Area: Cases challenging unreasonable delay in trials or improper denial of bail are emerging as important practice areas.
Court Encouragement: HC actively encourages lawyers to take up such pro bono or regular cases, ensuring access to justice for marginalized undertrials.
Skill Development: Handling these cases builds skills in bail petitions, constitutional arguments, and persuasive drafting.
📌 Takeaway
Undertrials should not remain in jail indefinitely without trial.
Bail is a right when detention becomes excessive, not just a privilege.
Young lawyers are urged to take up these cases to uphold justice and protect constitutional rights.
This ruling reiterates that the judicial system must balance liberty with legal process.
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