#Custody Duration

The Rajasthan High Court suspended the sentences of two convicts under Section 307 IPC after they served six and four years respectively, holding that prolonged custody exceeding the probable sentence, coupled with a hostile prosecution witness and no recovery of the alleged weapon, creates a strong likelihood of acquittal on appeal. This ruling reinforces that procedural and evidentiary weaknesses in serious cases must not justify indefinite pre-appeal detention.

The Punjab and Haryana High Court has ruled that providing shelter to a main accused in a heinous offense, without any overt act or direct participation, cannot sustain a conspiracy charge under Section 120-B BNS. This clarifies that pre-trial custody cannot be prolonged solely on association, reinforcing that bail must be granted where no prima facie evidence of active conspiracy exists - a critical safeguard for co-accused with minimal involvement.

Punjab & Haryana High Court rules that a second bail petition under Section 483 BNSS is maintainable if the accused has been in custody for over two years with minimal trial progress, treating prolonged detention as a substantial change in circumstances. The court emphasized that repeated non-production of the accused and prosecution witnesses justifies bail, even under the stringent NDPS Act.

Madhya Pradesh High Court suspends sentence of an NDPS convict pending appeal, holding that prolonged custody without prospect of early appellate hearing violates procedural fairness. The ruling emphasizes compliance with Section 389 BNSS (CrPC equivalent) where the convict has already served substantial pre-conviction detention and faces further delays in appeal disposal.

Chhattisgarh High Court holds that juveniles in custody over two years must be released on bail under Section 12 of JJ Act 2015, regardless of offence severity.

Rajasthan High Court holds that parole cannot be denied merely due to multiple pending cases; social welfare report and 11-year incarceration outweigh speculative fears.