Man in Custody for Over Four Years Without Trial, Miscarriage of Justice - P&H HC

The Punjab & Haryana High Court criticized the criminal justice system for keeping an accused in a tax fraud case in custody for over four years without trial, despite a maximum sentence of five years.

The court noted that the accused was entitled to default bail but remained in custody due to “disproportional” and “onerous” conditions—two surety bonds of ₹1.10 crore each and a ₹55 lakh bank guarantee. Finding the bail bond excessive, the court reduced the amount to ₹50,000 and granted bail.

The Court noted that failure to release the petitioner under Section 479 BNSS, constitutes a glaring miscarriage of justice and criticized prosecution delays that violated the accused's fundamental rights and right to a fair trial.