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"Even a delay of one year in the commencement of the trial is bad enough how much worse could it be when the delay is as long as 3 or 5 or 7 or even 10 years. Speedy trial is of the essence of criminal justice and there can be no doubt that delay in trial by itself constitutes denial of justice."

12. The same view was expressed by the Supreme Court in the case of S. Gain v. Grindlays Bank Ltd. . The facts thereof may call for a somewhat pointed notice. The accused persons therein were charged under Section 341, I.P.C. read with Section 35AD of the Banking Regulation Act, 1949 for an offence allegedly committed by them on the 31st of October, 1977. There was no delay in investigation and trial and the Magistrate, by its judgment dated 27th of June, 1978 (i.e. after barely eight months), acquitted the accused persons. An appeal against the acquittal was taken before the Calcutta High Court which was apparently admitted but could not come up for final hearing till six years. On the 19th December, 1984, the High Court set aside the acquittal and remanded the case for re-tr ial afresh. On appeal by the accused appellants their Lordships set aside the High Court judgment and restored the acquittal with the following unequivocal and categoric observations :