1. Conviction under Section 302/149, Indian Penal Code — Life imprisonment — Pending appeal in High Court — Application for suspension of sentence and bail. (Para 2 )
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1999 Supreme(SC) 1537
SUPREME COURT OF INDIA
TAKHT SINGH
Vs.
State of Madhya Pradesh
Decided on December 15,1999
The court's discretion in granting bail based on the circumstances of prolonged imprisonment and the unlikelihood of an early hearing of the appeal
Headnote:
Bail - Indian Penal Code - S. 302/149 - Conviction under S. 302/149, Indian Penal Code - Application for suspension of sentence and bail rejected by High court - Appeal for bail after three years and three months in jail - Leave granted
Fact of the Case:
The appellants were convicted under S. 302/149, Indian Penal Code and sentenced to imprisonment for life. Their appeal to the High court is pending. The High court rejected their application for suspension of sentence and bail, indicating that they can renew their prayer for bail after one year. After the expiry of one year, the second application was filed but was rejected by the impugned order. The appellants have been in jail for over 3 years and 3 months with no possibility of early hearing of the appeal in the High court.
Finding of the Court:
The court granted leave for the appellants to be released on bail to the satisfaction of the learned Chief Judicial Magistrate, sehore.
Issues: Conviction under S. 302/149, Indian Penal Code, rejection of application for suspension of sentence and bail by High court, and the appellants' prolonged imprisonment without early hearing of the appeal
Ratio Decidendi: The court considered the circumstances of the appellants' prolonged imprisonment and the unlikelihood of an early hearing of the appeal in the High court in granting leave for their release on bail.
Final Decision: Leave granted for the appellants to be released on bail to the satisfaction of the learned Chief Judicial Magistrate, sehore
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2. Appellants sought bail citing prolonged incarceration and the lack of possibility for an early hearing of the pending appeal. (Para 2 )
3. The court observed that the appellants had been incarcerated for over three years and three months without a prospect of an early appeal hearing. (Para 2 )
4. Bail may be granted during a pending appeal if the accused has undergone significant incarceration and an early hearing is unlikely. (Para 2 )
5. Appellants released on bail to the satisfaction of the Chief Judicial Magistrate. (Para 2 )
6. Under what conditions may bail be granted while an appeal against conviction is pending in the High Court?
Bail may be granted when the accused has undergone a significant period of incarceration and there is no possibility of an early hearing of the appeal. (Para 2 )
7. Does the lack of a prospect for an early hearing of an appeal justify the grant of bail?
Yes, the court held that the absence of a possibility for an early hearing, combined with the time already served in jail, justifies the release of the applicants on bail. (Para 2 )
( 1 ) LEAVE granted.
( 2 ) THE appellants have been convicted under S. 302/149, Indian Penal Code by the learned Sessions Judge and have been sentenced to imprisonment for life. Against the said conviction and sentence their appeal to the High court is pending. Before the High court application for suspension of sentence and bail was filed but the High court rejected that prayer indicating therein that the applicants can renew their prayer for bail after one year. After the expiry of one year the second application was filed but the same has been rejected by the impugned order. It is submitted that the appellants are already in jail for over 3 years and 3 months. There is no possibility of early hearing of the appeal in the High court. In the aforesaid circumstances the applicants be released on bail to the satisfaction of the learned Chief Judicial Magistrate, sehore. The appeal is disposed of accordingly.
