• Chambers of Daksha Kumar

Is delay in trial a good ground for bail?

Updated: May 3

In the event of a trial delay, the bail plea is only considered if the case has been ongoing for more than 5 years. Aside from the fact that the delay in the trial cannot be the sole basis for bail, there are a few other factors to examine before granting bail.


Every accused person has the right to a speedy trial under Article 21 of the Indian constitution. In the event of a delay in the trial, they have the right to ask for bail.

In the case of Rakesh Kumar v. State of J&K, Supreme Court bench held that if an appeal is not resolved within five years and the applicant is in jail for no fault of his own, the convict can be granted bail on the terms set by the court.


However, it has been noted in some cases that the accused is not eligible to bail even after a 5-year term. In the case of Akhtari Bi, the court declined to grant a bail plea after the 5-year limit had expired.

The court stated that bail is not granted just on the basis of a 5-year sentence, but that the nature and seriousness of the offence must also be taken into account while considering a bail plea.


This suggested that the bail plea did not follow any set procedure and that the court thoroughly investigated all evidence before giving the accused bail.

In another instance the Chandigarh police arrested Naseeb Singh in connection with a drug case. Since December 23, 2016, the convict had been held in jail. He submitted a petition for bail, claiming that he had been wrongly accused and was not guilty in the case.

The CBI, which was in charge of the case, opposed the bail request, claiming that the accused used to smuggle heroine across the border and send money to Pakistan. This proves that the accused was guilty of the crime and committed it.

The court noted that the accused had been in detention for more than three years and that the case's final result had taken enough time to be presented. However, in such circumstances, it may not be the main criterion for granting bail.

In addition, the accused failed to pass the twin-test required by section 37 of the NDPS Act. As a result, the court stated that no one involved in the commercial quantities would be freed on bail until the court is satisfied.

Therefore, we can conclude that no accused can use the benefit of a delayed trial to obtain bail. Because it is not a sole criterion, the convict must meet all of the court's requirements included he or she will not commit any crimes while on bail.

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