the accused but the trial was prolonged as the prosecution has taken a longer time to file reply on the bail application as well as charges are not framed. Now in consistent decision of the Hon’ble Apex Court has considered that delay in trial in serious crime also entitles the applicant/accused for bail. In the case of Javed Gulam Nabi Shaikh vs. State of Maharashtra and another in criminal Appeal No.2787/2024 decided on 03.07.2024, the Hon’ble Apex Court considered the catena of decisions including Hussainara Khatoon Vs. Home Secretary State of Bihar reported in (1980) 1 SCC 81 and Kadra Pahadiya and Ors. Vs. State of Bihar reported in (1981) 3 SCC 671 wherein it is observed that “The State or complainant prosecutes him. It is, thus, the obligation of the State or the complainant, as the case may be, to proceed with the case with reasonable promptitude. Particularly, in this country, where the large majority of accused come from poorer and weaker sections of the society, not versed in the ways of law, where they do not often get competent legal advice, the application of the said rule is wholly inadvisable. Of course, in a given case, if an accused demands speedy trial and yet he is not given one, may be a relevant factor in his favour. But we cannot disentitle an accused from complaining of infringement of his right to speedy trial on the ground that he did not ask for or insist upon a speedy trial.”
