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regular-article-logo Sunday, 29 March 2026

'Incarceration without trial amounts to punishment': SC grants bail after two years in jail in attempt-to-murder case

In nearly two years, the prosecution has not examined any of the 23 witnesses in the case

Our Web Desk & PTI Published 29.03.26, 06:18 PM
Supreme Court of India

Supreme Court of India PTI

The Supreme Court of India has granted bail to a Punjab man accused in an attempt-to-murder case, saying that keeping a person in jail without starting the trial amounts to punishment.

A bench of Justice Dipankar Datta and Justice P. V. Varale noted that Pradeep Kumar alias Banu was arrested in February 2024 and booked under several charges, including attempt to murder.

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But in nearly two years, the prosecution has not examined any of the 23 witnesses in the case. The court set aside a July 11, 2025 order of the Punjab and Haryana High Court, which had denied him bail.

"Prosecution proposes to examine 23 witnesses to drive home the charges against the appellant, but none has been examined. Thus, the trial is likely to take some time to conclude," the bench said.

The judges pointed out that almost two years have passed since his arrest, with the trial yet to begin. "Incarceration without trial amounts to punishment," the bench highlighted.

The court said there was no need to keep him in custody any longer while the trial is pending, and allowed his appeal. He will be released on bail after furnishing bonds to the satisfaction of the trial court, along with any other conditions imposed.

"Needless to observe, the appellant shall not, directly or indirectly, by making inducement, threat or promise, dissuade any person acquainted with the facts of the case from disclosing such facts to the court," it said.

The bench added that if he violates any of the conditions, the trial court can cancel his bail. It also directed him to attend trial proceedings regularly unless exempted.

"If he abstains from attending the proceedings without justifiable cause, that could also be seen as a breach of the conditions for grant of bail and the trial court will be free to pass appropriate orders," it said.

The court clarified that these observations are only for the bail order and not on the merits of the case.

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