Supreme Court Grants Bail to Ajay Kumar Nayyar After Four Years of Custody

Bail Granted Due to Slow Trial Progress and Offences with Maximum Sentence of Seven Years

In a significant ruling, the Supreme Court of India has granted bail to Ajay Kumar Nayyar, who has been in custody for over four years in connection with offences under Sections 419 and 420, read with Sections 120B and 34 of the Indian Penal Code, 1860. The decision was made by a bench comprising Justices J.K. Maheshwari and Vijay Bishnoi, who considered the prolonged duration of Nayyar's custody and the slow pace of the trial in deciding to exercise their discretion for bail.

The petitioner, Ajay Kumar Nayyar, was arrested on November 10, 2021, in connection with FIR No. 0215 dated November 2, 2021, registered at Police Station Crime Branch, Chanakya Puri, Delhi. The charges framed in 2022 involve offences that carry a maximum sentence of seven years. However, the trial has been progressing at a sluggish pace, with only one witness cross-examined out of a total of 34 witnesses over a span of three years.

In their ruling, the Supreme Court underscored the extended custody period and the likelihood of further delays in the trial as key factors for granting bail. The court decided to release Nayyar on bail without expressing any opinion on the merits of the case, thus maintaining judicial impartiality while addressing the procedural delays.

The bench directed that the petitioner be released upon furnishing suitable bail bonds and sureties, subject to conditions imposed by the trial court. Nayyar is required to regularly attend the trial unless exempted by the court, and he must comply with all legal obligations. The court has empowered the trial court to take necessary recourse in case of any violation of these conditions.

This decision marks a pivotal moment in Nayyar's legal journey, reflecting the Supreme Court's consideration of the balance between custody duration and trial efficiency. The judgment highlights the judiciary's role in safeguarding individual rights while ensuring the due process of law.

Pending applications related to the case have also been disposed of following the Supreme Court's ruling.

Bottom Line:

Bail granted to the petitioner considering long custody period exceeding four years, slow pace of trial, and offences with a maximum sentence of seven years.

Statutory provision(s): Sections 419, 420, 120B, 34 of the Indian Penal Code, 1860

Ajay Kumar Nayyar v. State of NCT of Delhi, (SC) : Law Finder Doc Id # 2816109