1. Petition for bail pending appeal against conviction under Sections 304-B and 498-A IPC. (Para 2 )
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2000 Supreme(SC) 102
2000(4) Supreme 716
SUPREME COURT OF INDIA
(From Delhi High Court)
G.B. Pattanaik & U.C. Banerjee, JJ.
Shailendra Kumar-Petitioner
versus
State of Delhi-Respondent
SLP (Crl.) No. 3528 of 1999
Decided on 13-1-2000
Counsel for the Parties :
For the Petitioner : Mr. Rakesh K. Sharma, Advocate.
For the Respondent : Mr. Altaf Ahmed, A.S.G. Ms. Alka Agrawal, Advocate for Mr. D.S. Mehra, Advocate.
IMPORTANT POINT
Where appellant convict filed appeal and was in custody, consequent to conviction, for more than three years, there being no likelihood of appeal being heard earlier appellant was ordered to be released on bail.
Headnote:Criminal Procedure Code, 1973 -Section 389-Bail pending appeal-Conviction under Sections 498-A IPC-Appellant applicant in custody for more than three years-No likelihood of appeal being heard early-Appellant-applicant was ordered to be released on bail.
Legal Category Hierarchy
Table of Contents
2. Request for release on bail pending the disposal of an appeal against conviction. (Para 2 )
3. The appellant has been in custody for over three years with no likelihood of the appeal being heard early. (Para 3 )
4. Bail pending appeal may be granted based on the duration of custody and the likelihood of delay in hearing the appeal. (Para 3 )
5. Appeal allowed and appellant directed to be released on bail. (Para 3 , 4 )
6. Under what circumstances may a convict be granted bail while an appeal is pending?
A convict may be released on bail if they have been in custody for a significant period and there is no likelihood of the appeal being heard in the near future. (Para 3 )
ORDER
Leave granted.
2. This is a petition for being released on bail while the appellant-applicant s appeal against his conviction under Sections 304-B and 498-A IPC is pending in the High Court of Delhi. The appellant-applicant has been sentenced to 7 years rigorous imprisonment under Section 304-B and two years rigorous imprisonment under Section 498-A IPC.
3. Having heard the learned counsel for the parties and taking into account the fact that the appellant-applicant is in custody for more than three years and there is no likelihood of appeal being heard early, we direct that the appellant-application be released on bail to the satisfaction of the Additional Sessions Judge, New Delhi.
4. The appeal stands allowed accordingly.
(C.R.)Appeal allowed.
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