Detention Without Trial Constitutes Punishment: Supreme Court Grants Bail
The Supreme Court while granting bail in the case of Pardeep Kumar @ Banu v. State of Punjab, held that keeping an accused in custody for nearly two years without the start of trial amounts to punishment.
A Bench comprising Justice Dipankar Datta and Justice Prasanna B. Varale set aside the Punjab and Haryana High Court’s order dated July 11, 2025, which had denied bail.
“Almost two years have passed since the appellant was arrested without trial having commenced and conclusion thereof nowhere being in sight. Incarceration without trial amounts to punishment,” the Court observed.
Pardeep Kumar was arrested on April 13, 2024, in a case involving allegations of extortion, attempt to murder, criminal intimidation, criminal conspiracy, and offences under the Arms Act.
Noting that the prosecution intended to examine 23 witnesses and that none had been examined so far, the Court observed that the trial had not yet begun and was unlikely to conclude in the near future. In these circumstances, the Bench held that continued detention pending trial was unwarranted.
The appeal was accordingly allowed, the High Court’s order was set aside, and the appellant was directed to be released on bail subject to furnishing bail bonds and complying with the conditions imposed by the trial court.