Topic

second bail petition

2 articlesLatest March 2026
Section 483 BNSS | Successive Bail Petitions Maintainable if Prolonged Custody and Trial Delay Constitute Changed Circumstances : Punjab & Haryana HC
Case Law Analysis
|Punjab and Haryana High Court

Section 483 BNSS | Successive Bail Petitions Maintainable if Prolonged Custody and Trial Delay Constitute Changed Circumstances : Punjab & Haryana HC

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.

Section 483 BNSS | Second Bail Petition Maintainable for Undertrials Detained Over Five Years Despite Serious Offence: Punjab & Haryana HC
Case Law Analysis
|Punjab and Haryana High Court

Section 483 BNSS | Second Bail Petition Maintainable for Undertrials Detained Over Five Years Despite Serious Offence: Punjab & Haryana HC

The Punjab & Haryana High Court has ruled that prolonged undertrial incarceration exceeding five years, coupled with prosecutorial delay, justifies granting regular bail even in murder cases, affirming that a second bail petition is legally maintainable upon demonstrating substantial change in circumstances under Section 483 BNSS. This sets a critical precedent for undertrials languishing in custody without trial, reinforcing the right to liberty over procedural rigidity.