Justice J.B. A bench headed by Pardiwala was hearing a special leave petition challenging the High Court's May 6 judgment, which had ordered the petitioner's release on bail only for two months.
The High Court had granted two months' bail on the grounds that the accused had been in custody for almost two years and only one witness had been examined in the trial.
“In our opinion, this is a wrong order. If the High Court was of the view that the petitioner's right to a speedy trial could be violated, the High Court should have ordered the petitioner's release on bail pending final disposal of the case. There was no good reason for the high court to limit the period of bail,” said the bench, which also included Justice Ujjwal Bhuiyan.
The top court said it is now well settled that the right to speedy trial is recognized as a fundamental right guaranteed by the Constitution and is closely linked to the right to life and personal liberty.
While issuing notice in the case, it was ordered that the accused will remain on bail till further orders.
The High Court had granted two months' bail on the grounds that the accused had been in custody for almost two years and only one witness had been examined in the trial.
“In our opinion, this is a wrong order. If the High Court was of the view that the petitioner's right to a speedy trial could be violated, the High Court should have ordered the petitioner's release on bail pending final disposal of the case. There was no good reason for the high court to limit the period of bail,” said the bench, which also included Justice Ujjwal Bhuiyan.
The top court said it is now well settled that the right to speedy trial is recognized as a fundamental right guaranteed by the Constitution and is closely linked to the right to life and personal liberty.
While issuing notice in the case, it was ordered that the accused will remain on bail till further orders.