Read Time: 03 minutes

Synopsis

The Jammu and Kashmir and Ladakh High Court has granted bail to Bansi Lal, a 56-year-old former police officer, who has been in judicial custody for nearly 18 years.

Justice Atul Sreedharan, presiding over the court, was dealing with a case wherein the applicant (Bansi Lal), was arrested in 2006 and charged with the offence of murder of an innocent man, projecting him as a terrorist. The court expressed surprise at the prolonged proceedings, stating that “There are a total of 72 witnesses in this case, of which only 28 have been examined over the past 17 years. This Court is astounded by the facts of this case.”

Represented by Advocate Sunil Sethi, the applicant argued that he has been in judicial custody for almost 18 years and had only been released on interim bail for a few months during this period.

The court emphasised the excessive delay in the trial, citing it as a blatant violation of Article 21 of the Indian Constitution, which ensures the right to a speedy trial. “This is a clear cut case of violation of Article 21 on account of delayed trial. The trial is delayed at the stage of prosecution witnesses. The State is unable to show how the delay could be attributed to the applicant,” the court remarked.

As a result, the court ordered Bansi Lal’s release on bail, requiring him to furnish a personal bond of Rs. 50,000 and one surety of the same amount to the satisfaction of the Registrar Judicial. “Under the circumstances, the application is allowed,” the court said, ruling in favour of the applicant.

 

Cause Title: Bansi Lal Vs UT of J&K [Bail App No. 30/2024]