LegalNews – Delhi High Court Highlights Limits of Extended Pre-Trial Custody
LegalNews – The Delhi High Court has reiterated that keeping an accused person behind bars for a prolonged period before the start of a trial should not become a form of punishment, especially when guilt has not yet been established through due legal process.
Co=urt Grants Bail in Pharmaceutical Drug Case
The observation came while Justice Anup Jairam Bhambhani granted bail to Yusuf Aajam, proprietor of Sunrise Pharmaceuticals, who is facing charges in a drug-related case. Court records noted that Aajam has remained in custody since April 8, 2024, while proceedings have yet to move beyond the stage of framing charges.
Trial Yet to Begin Despite Extensive Witness List
During the hearing, the court examined a status report showing that arguments on charges are still underway before the trial court. The prosecution has listed 44 witnesses, indicating that the case may take considerable time to reach completion.
Justice Bhambhani observed that such circumstances require courts to carefully assess whether continued detention remains justified. He emphasized that prolonged incarceration before the commencement of trial should not effectively function as a punishment.
Parity With Co-Accused Considered by Court
The High Court also took into account the fact that two co-accused individuals, Rahul Varshney and Tushar Aggarwal, who are alleged to be connected to the same chain of transactions in the case, have already been granted regular bail.
According to the court, this aspect was significant while evaluating whether continued custody of the petitioner was proportionate and consistent with the treatment of other accused persons linked to the same matter.
The judge stated that although the prosecution argued that Aajam’s role was more serious than that of the other accused, the release of co-accused individuals remained a relevant factor in determining parity and fairness.
Previous Cases Not Sufficient Ground to Deny Bail
The prosecution also referred to the petitioner’s past involvement in criminal cases. However, the court noted that Aajam has no previous conviction and is already on bail in an earlier case registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Justice Bhambhani observed that while criminal history can be considered during bail proceedings, mere involvement in previous cases without a conviction cannot automatically outweigh all other factors. The court further noted that there was no demonstrated misuse of liberty by the petitioner that would justify rejecting his bail request solely on that basis.
The bail order was passed on May 30.
NEET Paper Leak Case: Custody Extended
In a separate development, a Delhi court extended the judicial custody of five individuals accused in the NEET paper leak investigation until June 15.
Special Judge Ajay Gupta approved a request filed by the Central Bureau of Investigation (CBI), which informed the court that the investigation remains at a crucial stage and requires additional time. The accused will remain in judicial custody for another two weeks while the probe continues.
NSUI Approaches High Court Over CBSE Evaluation System
Meanwhile, the National Students’ Union of India (NSUI), the student organization affiliated with the Congress party, has approached the Delhi High Court seeking an independent inquiry into alleged irregularities in the Central Board of Secondary Education’s on-screen marking system used for Class 12 examinations.
The petition claims that large-scale discrepancies may have occurred in the digital evaluation process and requests a separate investigation into the matter. The court is expected to examine the plea in due course.