Bail--Long Custody--Prolonged Undertrial Detention Under IPC Without Trial Commencement Amounts to Punishment--Bail granted
Prolonged incarceration without commencement of trial amounts to punishment and violates the right to speedy trial under Article 21 of the Constitution. Delay in trial is a significant factor in bail considerations; however, it is not a standalone ground for automatic grant of bail. The nature and gravity of allegations must be weighed alongside delay. These principles apply to offences under the IPC and the Arms Act, distinct from stringent statutes such as PMLA, UAPA, and NDPS Act where separate thresholds operate.
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