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‘Can’t violate right to speedy trial’: HC grants bail to double murder accused in jail for six years

Court allows fourth bail plea, says prolonged incarceration violates Article 21

3 min readChandigarhNov 14, 2025 08:08 AM IST

Surjeet’s counsel argued that he had been falsely implicated because of a suspected affair with the deceased woman. (Express Photo)

The Punjab and Haryana High Court Thursday granted regular bail to a man, who has been in custody for over six years in connection with a 2019 double murder case registered under the relevant sections of the Indian Penal Code and the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act in Faridabad.

Allowing fourth bail plea of Surjeet alias Surjeet Mourya, a single bench of Justice Sumeet Goel, observed that prolonged incarceration without conclusion of trial infringes the accused’s right to a speedy trial guaranteed under Article 21 of the Constitution. The court noted that despite being in custody since June 26, 2019, the trial had moved slowly, with only 22 out of 34 prosecution witnesses examined so far.

The case was registered on June 13, 2019, after police recovered two bodies from Badwali Lake in Faridabad, a man and a woman whose remains were found stuffed in a bag floating in the water. The FIR was based on a complaint by Vijay alias Chandi, who had first noticed the bodies. A few days later, the woman’s father named Surjeet in a written application to the police.

Surjeet’s counsel argued that he had been falsely implicated because of a suspected affair with the deceased woman. The counsel submitted that the case rested solely on circumstantial evidence and that the key prosecution witnesses had already been examined.

Opposing the plea, the state counsel contended that the allegations were grave and the appellant did not deserve bail. Counsel for the complainant’s family also opposed the application, arguing that the testimony of woman’s father, mother and sister directly implicated Surjeet.

The court, however, found that no material was presented to suggest that the appellant might abscond or interfere with the evidence. Referring to the Supreme Court’s 2024 ruling in Javed Gulam Nabi Shaikh vs State of Maharashtra, Justice Goel quoted, “If the State or any prosecuting agency… has no wherewithal to protect the fundamental right of an accused to have a speedy trial, then it should not oppose the plea for bail on the ground that the crime committed is serious.”

Observing that “every accused is presumed innocent until proven guilty,” the judge said further detention of Surjeet as an undertrial was not justified in the circumstances.

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Surjeet had earlier moved three bail pleas — the first dismissed in August 2020, and the subsequent ones withdrawn in March 2023 and January 2024. The court noted that despite its earlier direction to expedite the trial, progress had remained slow.

Granting bail, the court directed Surjeet to furnish surety bonds to the satisfaction of the trial court and comply with conditions including not tampering with evidence, not committing any offence while on bail, and not changing his phone number without permission.

Justice Goel clarified that the observations in the order would not influence the merits of the ongoing trial.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

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