The Jammu & Kashmir and Ladakh High Court has granted bail to an undertrial prisoner who has spent nearly twelve years in custody while facing trial in a murder case, holding that the prolonged delay in concluding the proceedings amounted to a serious violation of his constitutional right to a speedy trial.
Justice Rajnesh Oswal passed the order in favor of Kewal Sharma, observing that despite more than a decade having passed since his arrest, the prosecution had failed to complete its evidence.
Background of the Case
Kewal Sharma was arrested on June 6, 2014, in connection with FIR No. 109/2014 registered at Police Station Akhnoor under Sections 302 and 201 of the Ranbir Penal Code. Charges were framed against him in November 2014, and the trial has since remained pending before the 2nd Additional Sessions Judge, Jammu.
Seeking bail, Sharma argued that he had remained behind bars for over eleven years and that the prosecution case rested entirely on circumstantial evidence. He further contended that the trial had progressed at an extremely slow pace, resulting in a violation of his fundamental rights.
The prosecution opposed the plea, arguing that the seriousness of the charges alone justified continued detention.
Examining the trial record, the High Court noted that out of 35 prosecution witnesses, only 24 had been examined over a period exceeding eleven years. Six witnesses had been dropped, two had died, and three witnesses were yet to be examined.
Justice Oswal observed that the pace of the trial was difficult to justify.
“The prosecution has consumed a period exceeding eleven years to record the depositions of only twenty-four witnesses,” the Court noted, adding that such delay could not be ignored when assessing the accused's right to a speedy trial.
The Court also referred to an order of the trial court expressing dissatisfaction over the repeated non-appearance of a prosecution witness, despite earlier directions to conclude evidence. It observed that even after being granted opportunities, the prosecution had failed to complete its case.
Relying on recent Supreme Court rulings concerning prolonged incarceration of undertrial prisoners, the High Court emphasized that the gravity of allegations cannot override the constitutional guarantee of a speedy trial.
Quoting the Supreme Court, the bench observed that,
“Howsoever grave the crime may be, if the accused is denied his right of speedy trial and is languishing in jail for years together and for no fault on his part, he cannot be kept in jail for an indefinite period.”
Holding that the petitioner’s right under Article 21 of the Constitution had suffered a serious infringement, the High Court allowed the bail application.
The Court directed that Kewal Sharma be released on bail upon furnishing two solvent sureties of ₹50,000 each along with a personal bond of the same amount. He has also been directed to appear before the trial court on every hearing date, refrain from leaving the Union Territory of Jammu & Kashmir without permission, and avoid seeking unnecessary adjournments.
The Court further clarified that any violation of the bail conditions would entitle the prosecution to seek cancellation of bail.
It also directed the trial court to conclude the case as expeditiously as possible.
Case Details
Case Title: Kewal Sharma v. Union Territory of J&K & Others
Case Number: Bail App. No. 339/2025
Judge: Justice Rajnesh Oswal
Decision Date: May 29, 2026
