#crpc section 439

The Karnataka High Court granted regular bail to two accused after five years in custody, holding that unexplained trial delays combined with hostile witnesses and no criminal history violate the right to speedy trial under Article 21. This reinforces that gravity of offence cannot override constitutional protections when justice is unduly stalled, setting a critical precedent for accused in non-bailable homicide cases facing systemic delays.

The Tripura High Court quashed a bail cancellation order for denying the accused notice and opportunity to be heard, holding that procedural fairness under Section 439(2) CrPC is non-negotiable. The ruling reinforces that bail cannot be revoked on sudden, unexplained grounds - protecting undertrials from arbitrary judicial action and affirming natural justice as a bedrock of criminal procedure.

Punjab and Haryana High Court holds that bail cannot be cancelled merely due to gravity of offence; supervening misconduct or violation of conditions is mandatory.