Supreme Court of India· 29 September 2026

Can pre-trial incarceration masquerade as punitive detention where the commencement and conclusion of the trial are not imminent?

SANJAY BADAYA v. STATE OF RAJASTHAN

2026 INSC 1065 · Criminal Appeal arising out of SLP (Crl.) No. 15347 of 2026 with SLP (Crl.) No. 13461 of 2026
Coram: Justice Dipankar Datta · Justice Sheel Nagu

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Answer

Pre-trial incarceration cannot masquerade as punitive detention where the commencement and conclusion of the trial are not imminent.

No. Under Article 21 of the Constitution of India, the Court must intervene to safeguard personal liberty where a trial cannot be reasonably concluded in the near future. It was also persuaded that some co-accused in the same conspiracy had already been granted bail or protection.

Headnote

Prevention of Corruption Act, 1988 — Indian Penal Code, 1860 — Constitution of India — Article 21 — Regular bail — Economic offences — Pre-trial incarceration — Prevention of Corruption Act, 1988 — Regular bail — Economic offences having deep-rooted conspiracies — Held: Economic offences having deep-rooted conspiracies must be viewed seriously, yet bail can be granted on the other features. Where the investigation is complete and the seized materials are in safe custody, the apprehension of tampering with evidence is substantially obliterated. (¶10, 11) Constitution of India — Article 21 — Personal liberty — Pre-trial incarceration — Held further: Pre-trial incarceration cannot masquerade as punitive detention where the commencement and conclusion of the trial are not imminent, and the Court must intervene to safeguard personal liberty. Appeals succeed; impugned orders set aside; appellants released on bail. (¶12, 13, 14, 15)

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In the Court's own words

Paragraph 12It is a well-settled postulate of criminal jurisprudence that pre-trial incarceration cannot masquerade as punitive detention, particularly when the commencement and conclusion of the trial are not imminent. This Court must intervene to safeguard the right to personal liberty under Article 21 of the Constitution of India when a trial cannot be reasonably concluded in the near future.

Paragraph 13We are also persuaded by the fact that some co-accused in this overarching conspiracy, whose alleged roles will ultimately be considered at trial, have already been granted bail or protection. One such co-accused, Mr. Arun Srivastava, was enlarged on bail by the High Court vide order dated 1st June, 2026[^5]. Notably, the principal political executive, the then PHED Minister, Mr. Mahesh Chandra Joshi, has been granted bail in the corresponding PMLA offence[^6] arising out of the present FIR, by this Court vide order dated 3rd December, 2025[^7].

Acts & Sections

s.7(c) Prevention of Corruption Act, 1988s.9 Prevention of Corruption Act, 1988s.10 Prevention of Corruption Act, 1988s.12 Prevention of Corruption Act, 1988s.13(1)(a) Prevention of Corruption Act, 1988s.13(2) Prevention of Corruption Act, 1988s.19 Prevention of Corruption Act, 1988s.409 Indian Penal Code, 1860s.466 Indian Penal Code, 1860s.467 Indian Penal Code, 1860s.468 Indian Penal Code, 1860s.471 Indian Penal Code, 1860s.477-A Indian Penal Code, 1860s.120-B Indian Penal Code, 1860Art.21 Constitution of India

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Also decided in this judgment

Can bail be granted in an economic offence with a deep-rooted conspiracy where the investigation is complete and the trial is protracted?

Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections