Criminal Appeal Pending In HC For 13 Years : Supreme Court Issues Notice On Convict's Plea For Bail

The Supreme Court on Friday issued notice in a writ petition filed by a convict, who has already undergone more than 17 years of custody, seeking bail as his criminal appeal has been pending in the High Court for over 13 years. 

The bench of Justices AS Bopanna and Hima Kohli issued notice in the writ petition wherein the petitioner as an alternative had sought directions to the High Court to dispose of the Bail Application within 2 weeks.

"Issue notice, returnable within three weeks. Liberty is granted to the petitioner to serve the standing counsel for the respondent – State through dasti process", the order said.

It was argued in the petition that the petitioner was convicted by the Trial Court u/s 302 r/w 34 of IPC on January 14, 2008 for an incident which occured in 2004 but his application seeking suspension of sentence has been pending before the Allahabad High Court since 9 years.

"The petitioner continues to remain in judicial custody till date and has already undergone 14 years and 3 months of actual custody and 17 years and 3 months of total custody with remissions as on November 11, 2021," plea states.

The petition further stated that the co accused persons have been released on bail pending his appeal before the High Court where as petitioner's second bail application remains pending before the High Court since 2012.

"The petitioner has lost all hope for getting any substantial justice from the High Court and even if he was to be acquitted by the High Court, he has already undergone substantive sentence and as such no useful purpose would be solved. The said example is an academic example to demonstrate not only the complete violation of Article 21 but also falls directly into the teeth of this Court's catena of decisions including Hussaiara Khatoon and Hussain's case," plea also states.

The petition was filed through Advocate Rishi Malhotra.

It may be noted that another bench of the Supreme Court led by Justice SK Kaul has taken suo motu cognizance of the issue of long pendency of criminal appeals in the Allahabad High Court and is exploring suggestions to resolve the same.

Case Title: Ritu Pal v. State of Uttar Pradesh| Writ Petition (Criminal) 535/2021

Coram: Justices AS Bopanna and Hima Kohli

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