S.C. Legal Aid Committee Representrial ... vs Union Of India on 7 October, 1994
In Supreme Court Legal Aid
Committee (Representing Undertrial Prisoners) v. Union
of India [Supreme Court Legal Aid Committee
(Representing Undertrial Prisoners) v. Union of India,
(1994) 6 SCC 731, para 15 : 1995 SCC (Cri) 39] , it was
held that undertrials cannot indefinitely be detained
pending trial. Ideally, no person ought to suffer adverse
consequences of his acts unless the same is established
before a neutral arbiter. However, owing to the
practicalities of real life where to secure an effective trial
and to ameliorate the risk to society in case a potential
criminal is left at large pending trial, the courts are
tasked with deciding whether an individual ought to be
released pending trial or not. Once it is obvious that a
timely trial would not be possible and the accused has
suffered incarceration for a significant period of time,
the courts would ordinarily be obligated to enlarge them
on bail."