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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.

       

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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