Architectural, Not Episodic

Viewed cumulatively, record does not support, ‘innocent incarceration’ without any contribution to delay. The appropriate constitutional response, at this stage, lies in ensuring vigilant oversight of trial and its expeditious progression, rather than in eclipsing statutory mandate governing bail. Court cannot ignore, where evidentiary strength varies materially, need for continued detention likewise varies. We are of opinion, on completion of examination of protected witnesses or upon expiry of a period of one year, whichever is earlier, Sharjeel and Umar would be at liberty to renew their prayer for grant of bail.

Hon’ble Justice Aravind Kumar, Umar Khalid v. Govt. of NCT of Delhi, [Special Leave Petition (Criminal) No. 14165 of 2025] decided on 05.01.2026.