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SUPREME COURT OF INDIA
P. VENKATARAMA REDDI, TARUN CHATTERJEE, JJ.
KAMAL - APPELLANT
VERSUS
STATE OF HARYANA - RESPONDENT
CRIMINAL APPEAL NO. 1202 OF 2004,
DECIDED ON OCTOBER 15, 2004
Criminal Procedure Code, 1973, Section 389 - Indian Penal Code, 1860, Section 304B - Constitution of India, 1950, Article 136 - Grant of bail pending appeal- The appellant was convicted under Section 304B IPC and sentenced to imprisonment for 7 years- The appellant had undergone imprisonment for about 2 years and four months- in such circumstances The High Court erred in declining to grant bail pending appeal before it- Bail granted to the appellant [Para 2]
ORDER
1. LEAVE GRANTED.
2. THIS IS A CASE IN WHICH THE APPELLANT HAS BEEN CONVICTED UNDER SECTION 304-B IPC AND SENTENCED TO IMPRISONMENT FOR 7 YEARS. IT APPEARS THAT SO FAR THE APPELLANT HAS UNDERGONE IMPRISONMENT FOR ABOUT 2 YEARS AND FOUR MONTHS. THE HIGH COURT DECLINED TO GRANT BAIL PENDING DISPOSAL OF THE APPEAL BEFORE IT. WE ARE OF THE VIEW THAT THE BAIL SHOULD HAVE BEEN GRANTED BY THE HIGH COURT, ESPECIALLY HAVING REGARD TO THE FACT THAT THE APPELLANT HAS ALREADY SERVED A SUBSTANTIAL PERIOD OF THE SENTENCE. IN THE CIRCUMSTANCES, WE DIRECT THAT BAIL BE GRANTED TO THE APPELLANT ON SUCH CONDITIONS AS MAY BE IMPOSED BY THE DISTRICT AND SESSIONS JUDGE, FARIDABAD.
3. THE APPEAL IS DISPOSED OF ACCORDINGLY.
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