New Delhi, March 28 -- The Supreme Court has held that keeping an accused behind bars without even commencing trial amounts to punishment, underscoring that delay in criminal proceedings cannot justify prolonged incarceration. Granting bail to a Punjab man accused of extortion and attempted murder, a bench of justices Dipankar Datta and Prasanna B Varale noted that nearly two years had passed since his arrest, with the trial yet to begin and no immediate prospect of conclusion. "Almost two years have passed since the appellant was arrested without trial having commenced and conclusion thereof nowhere being in sight. Incarceration without trial amounts to punishment," the bench observed in its March 13 order, released on Tuesday. The ruling came in an appeal filed by Pardeep Kumar alias Banu, challenging a Punjab and Haryana High Court order denying him bail. He was arrested in April 2024 in connection with offences under the Indian Penal Code, including attempt to murder and extortion, along with provisions of the Arms Act. The top court took note of the prosecution's own submission that it proposed to examine 23 witnesses in the case, yet not a single witness had been examined so far. This, the court said, indicated that the trial would take considerable time to conclude. In such circumstances, the bench held that continued detention was unwarranted. "Taking an overall view of the matter, we are of the considered opinion that further detention of the appellant pending trial is not necessary," said the court, setting aside the high court's refusal of bail. The court directed that the accused be released on bail subject to conditions to be fixed by the trial court, including safeguards against influencing witnesses and a requirement to diligently attend proceedings. The order is the latest in a series of strong pronouncements by the Supreme Court highlighting the constitutional imperative of a speedy trial and the dangers of normalising prolonged pre-trial detention. Just days earlier, the court had come down heavily on the Jammu and Kashmir administration for keeping an undertrial prisoner behind bars for seven years while examining only seven witnesses-calling it a "mockery" of Article 21 and the right to personal liberty. In that case, the court had expressed shock at the systemic failure that allowed such prolonged incarceration, asking pointedly: "What is this man doing in jail for the past seven years?" The bench had further directed the administration to furnish data on all cases where undertrials had remained in custody for more than five years, signalling a broader concern over endemic delays in the criminal justice system. In another ruling earlier this month, the court cautioned against overzealous investigations driven by public perception or bias, noting that wrongful incarceration, even if followed by acquittal, leaves lasting scars on individuals and families. "The trauma of arrest, incarceration and trial will always scar," the court had observed, highlighting the human cost of flawed prosecutions and delayed justice....