Criminal Appeals Not Likely To Be Heard Soon In Allahabad HC : Supreme Court Grants Bail To 2 Prisoners

"The petitioners have already undergone incarceration for more than 15 years. It is contended that the appeal before the High Court has been pending since 2007 and it is not likely to be heard in near future. Considering that the petitioners have already undergone 15 years of incarceration, we direct that the petitioners be released on bail on such terms as may be imposed by the Trial Court," bench of Justices Vineet Saran and Aniruddha Bose noted in their order while granting bail to Daryab Singh.

The bench also took note of another petitioner's (Sugreev Singh) counsel that he had already undergone incarceration for nearly 12 years and that the appeal which was filed before the High Court in 2013 had not been heard and that there were no chances of the same being heard at an early date.

"Considering the facts and circumstances of this case, we are of the opinion that the petitioner has made out a case for grant of bail. The petitioner is directed to be released on bail on such terms as may be imposed by the Trial Court," bench observed in its order.

It is pertinent to mention that the Supreme Court bench of Justices SK Kaul and Hemant Gupta on July 26, 2021 in Saudan Singh v The State of Uttar Pradesh had taken the view that the long pendency of appeals at the Allahabad High Court must be decided on broad parameters framed by the Court and had suggested to consider the period undergone, the heinousness of the crime, the accused's age, the period taken in the trial, and whether the appellants are diligently prosecuting the appeals.

The Court had also called for suggestions for the instant 18 matters based on which it will examine whether those cases should be remitted to the High Court for consideration or some obvious cases that can be dealt with at the very threshold.

On August 25, 2021, issued notice to Allahabad High Court, taking into consideration Additional Advocate General Garima Prashad's submission that there were almost 7400 convicts who were languishing in jail for more than 10 years and that there were some convicts who were poor and did not have resources, the Top Court asked the State Government to take some action with regards to release of convicts.

Case Title: Daryab Singh & Anr v State of Uttar Pradesh