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Life Convict In Jail For 21 Years, Appeal Pending Before HC For 16 Years: Supreme Court Asks Him To Approach HC For Bail
LIVELAW NEWS NETWORK
18 Nov 2020 1:15 PM GMT
The Supreme Court on Wednesday disposed of a writ petition filed by a life convict, whose appeal against the order of conviction is pending before the Allahabad High Court for more than 16 years, with directions to the High Court to consider his application for bail forthwith.On being informed that the Petitioner had spent over 21 years in prison during pendency of his appeal, without...
The Supreme Court on Wednesday disposed of a writ petition filed by a life convict, whose appeal against the order of conviction is pending before the Allahabad High Court for more than 16 years, with directions to the High Court to consider his application for bail forthwith.
On being informed that the Petitioner had spent over 21 years in prison during pendency of his appeal, without any remission, a Bench of Justices Ashok Bhushan, R. Subhash Reddy and MR Shah granted liberty to the Petitioner to file a fresh bail application which may be decided within a period of one month.
"It appears that the bail remained pending from 2004 to 2013 and was disposed of for want of prosecution. Thereafter, several dates were fixed for hearing of the appeal but could not be heard till date.
Learned counsel for the petitioner submits that the petitioner, being in jail for 21 years, should be released on bail.
We are of the view that in the facts of the present case, ends of justice be served in giving the liberty to the petitioner to make a fresh application for suspension of sentence and grant of bail before the High Court in the pending criminal appeal," the order states.
The Petitioner had urged the Top Court to grant him pre-mature release as his case has remained unheard for a while and he had already spent a substantial amount of time behind the bars, in good behaviour. Reliance was placed on Shor v. State of Uttar Pradesh, 2020 SCC Online SC 626, whereby the Supreme Court released the petitioner therein pre-maturely as he had already undergone 28 years in jail, had clean antecedents and his conduct in jail was good.
The Petitioner submitted that let alone the appeal, an application for recall filed by him before the Allahabad High Court against rejection of his bail/ suspension of sentence has not been decided finally since February 2013.
"The petitioner deserve sympathy as his family is shattered because the petitioner is languishing in jail for more than 21 years (without remission) and post his conviction in 2004, its has been 16 years (without remission) but neither he has been granted bail during the pendency of appeal not his appeal has been heard and finally decided by the Hon'ble High Court," the plea stated.
The Court however denied relief in view of a criminal appeal (against conviction) pending in the High Court.
AoR Rohit Amit Sthalekar and Advocates ZU Khan, Sulaiman Mohd Khan, Taiba Khan and Ashish Choudhary appeared for Petitioner.
Read Order
