Supreme Court Sets July 25 Deadline For Allahabad HC To Decide 350 Bail Applications Of Convicts Serving Sentence For Over 10 Years

Considering the urgency in adjudication of the bail applications, a Bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh stated that if required the matters can be dealt with by the Vacation Benches of the High Court.

"We would like a closure to all these matters of bail before the next date as the matters are directed to be taken up in one go. If required these matters can also be dealt with by the Vacation Benches."

In view of the fact that in single offence cases, the matters are referred for remission after 14 years of actual incarceration and 20 years with remission, the Bench asked the State Government to take a stand with respect to single offence cases pending for 10 years or more. It reckoned that unless there exists special circumstances, all such convicts can be enlarged on bail. It stated that the cases which meet the criteria for remission ought to be considered by the State Government, irrespective of the status of the appeal.

In order to curb pendency, the Bench suggested -

"It may also facilitate posting all of the matters at one go and asking the counsels appearing for the convicts whether they would be satisfied with cases being considered for remission or would also like to urge the matter in appeal. This may help in clearing the backlog of some appeals."

On an earlier occasion, the Bench wasapprised that for the past 25 days there was no criminal Bench, in the Allahabad High Court, Lucknow Bench, available to hear matters. A report was sought by the Bench in this regard. On perusal of the same, it observed that the submission regarding non-availability of the Bench might not be correct. The report disclosed that one Division Bench and at least one Single Judge Bench had been sitting throughout and for the concerned 25 days, at least two Division Benches and three Single Benches have been taking up criminal matters.

However, the Bench was concerned to note that the report reflected that 727 convicts have been in prison for more than 14 years and 834 convicts for 10-14 years. Out of these 1561 convicts, 640 convicts' bail applications have been already disposed of; bail applications of 571 convicts in pending appeals have been disposed of from 30.03.2022 to 22.04.2022. But, 350 bail applications of convicts in jail for 10 years or more, are pending as on 22.04.2022. Out of these 350 bail applications pending, 159 are filed by convicts incarcerated for more than 14 years and 191 for convicts incarcerated for 10-14 years.

The matter is to be next listed on 25.07.2022.

In another matter, displeased by the manner in which bail applications for accused who have been in custody for 10-17 years have been dealt with in the State of UP, the Bench had asked the Allahabad High Court to lay down some broad parametres that it can adopt while deciding bail applications. It had also asked the UP Government to work in tandem with the High Court in this regard.

[Case Title: Suleman v. State of Uttar Pradesh MA No. 764 of 2022 in Crl. A. No. 491 of 2022]

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