Supreme Court grants bail in 45-year murder case, cites systemic delays

In a landmark decision, Justices J B Pardiwala and K Vinod Chandran of the Supreme Court suspended the sentence of a 70-year-old prisoner convicted of a 1981 double murder and granted him bail, citing the extraordinary delay as a systemic failure. The lower court had taken 22 years to deliver its judgment in 2002, and the Jharkhand High Court required another 22 years to rule on the appeal, leaving the case unresolved for 45 years.

During that time, five of the six original accused died, leaving only the bedridden convict to continue the legal battle from jail. Advocate Fauzia Shakil warned that further detention would cause grave prejudice and could not be compensated if the Supreme Court eventually acquits him. The bench emphasized the petitioner’s deteriorating health and ordered his release on personal surety, subject to conditions. Additionally, the court directed a review of the causes of the extensive pendency, noting unexplained gaps despite the charges being framed in 1991, and instructed the registrar general to provide relevant affidavits to the attorney general.