Accused can’t be kept in custody for indefinite period: SC
5 Feb 2015 12:39 AM GMT
Supreme Court on Wednesday said speedy trial was the “right of the accused” who cannot be kept in custody for an indefinite period if trial is unlikely to conclude within a reasonable time.
“It is well settled that at pre-conviction stage, there is presumption of innocence. The object of keeping a person in custody is to ensure his availability to face trial and to receive the sentence that may be passed. The detention is not supposed to be punitive or preventive,” the apex court said.
“Seriousness of the allegation or the availability of material in support thereof are not the only considerations for declining bail. Delay in commencement and conclusion of trial is a factor to be taken into account and the accused cannot be kept in custody for indefinite period if trial is not likely to be concluded within reasonable time,” a bench comprising justices T S Thakur and Adarsh Kumar Goel said.
“It is well settled that at pre-conviction stage, there is presumption of innocence. The object of keeping a person in custody is to ensure his availability to face trial and to receive the sentence that may be passed. The detention is not supposed to be punitive or preventive,” the apex court said.
“Seriousness of the allegation or the availability of material in support thereof are not the only considerations for declining bail. Delay in commencement and conclusion of trial is a factor to be taken into account and the accused cannot be kept in custody for indefinite period if trial is not likely to be concluded within reasonable time,” a bench comprising justices T S Thakur and Adarsh Kumar Goel said.
Next Story
