On 28 March 2023, a two-judge bench held that undue and unexplained delay in trial, read with Section 436A CrPC and the presumption of innocence, can justify bail under the NDPS Act despite the Section 37 twin conditions.
A two-judge Bench of the Supreme Court held that an accused's wish to seek medical treatment abroad under Article 21 is not absolute and must yield to the complainant's right to a speedy trial where comparable facilities exist in India. A digest of the facts, the balancing test, and why the High Court's permission to travel was set aside.
On 3 July 2024, a two-judge bench held that where the State cannot ensure a speedy trial, it cannot oppose bail by pleading the seriousness of the offence, and that the Watali standard is no bar to bail where prolonged incarceration meets an interminable trial.
On 9 August 2024, a two-judge bench granted bail to Manish Sisodia in both the ED and CBI Excise Policy cases, holding that 17 months' incarceration with no trial in sight violated the Article 21 right to a speedy trial.
Bhagwati J.'s 1979 directions ordered the release of thousands of undertrials who had been in custody longer than the sentence the offence carried — and, in doing so, read speedy trial into Article 21. A close digest of the reasoning, with a reading on how it now constrains pre-trial detention under the BNSS.