Not just crime severity, lengthy undertrial detention to influence bail decisions: HC

The Bombay High Court emphasized that bail decisions should consider not only the heinousness of a crime but also the extended incarceration of undertrial prisoners. The court upheld this principle while granting bail to a defendant accused of a double murder case from 2015 in Lonavala.
The accused had spent eight years in custody awaiting trial. Justice Bharati Dangre, sitting as a single judge, delivered the order on September 26, taking into account the fundamental right enshrined in the Constitution, which prevents an undertrial from being held indefinitely during trial.
Akash Chandalia was arrested in 2015 and has been facing trial in a Pune court. The case involves two missing persons who were found dead near Tamhani ghat, allegedly brutally assaulted by a notorious gangster and an associate after being stripped of their clothes. Chandalia was accused of assaulting the victims.Chandalia’s lawyer, Sana R Khan, argued for bail based on the prolonged incarceration, delayed trial, and cited a similar bail granted to a co-accused. The prosecution opposed the plea, emphasizing the gravity of the charges and the ongoing trial.
Justice Dangre noted that another co-accused was granted bail by the court last November under similar circumstances. The judge highlighted the need to balance the severity of the charges and the trial’s lengthy duration. She stressed that prolonged incarceration without a speedy trial goes against Article 21 of the Constitution.
The accused will be released on a personal recognizance bond of Rs 20,000, with the condition that failure to attend trial consecutively twice will allow the state to seek bail cancellation.
This decision aligns with a recent case where the Supreme Court granted bail to a convict who had been incarcerated for over 11 years, pending appeal.