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SUPREME COURT OF INDIA
J. CHELAMESWAR, S. ABDUL NAZEER, JJ.
Ram Saran Pal @ Lallu - Appellant
Versus
State of U.P. - Respondent
Criminal Appeal No. 717 of 2017 (Arising out of S.L.P. (Crl.) No.10338 of 2015)
Decided On : 21-04-2017
Bail - Delay in Trial - Indian Penal Code
Fact of the Case:
The appellant was facing trial for various offences under the Indian Penal Code and had been in custody for more than six years. Despite a previous direction from the High Court to conclude the trial within six months, no noticeable progress had been made. The other co-accused had been granted bail.
Finding of the Court:
The court found that the appellant should not continue incarceration without the adjudication being finalized. As a result, the court ordered the appellant to be released on bail with certain conditions to ensure attendance at trial.
Issues: Delay in trial, Appellant's continued incarceration, Grant of bail
Ratio Decidendi: The court's decision was influenced by the delay in the trial despite previous directions, the appellant's prolonged incarceration, and the disparity in treatment between the appellant and the other co-accused who had been granted bail.
Final Decision: The court ordered the release of the appellant on bail with certain conditions to ensure attendance at trial.
ORDER :
S. Abdul Nazeer, J.
1. Leave granted.
2. The Appellant Ram Saran Pal alias Lallu is facing trial for the offences punishable under Sections 147, 148, 149, 302, 404 and 341 of the Indian Penal Code. He has been in custody for more than six years. He had moved the High Court for grant of bail on an earlier occasion. However, by order dated 21.11.2014 the High Court rejected the bail application with the direction to the trial court to conclude the trial within a period of six months. In spite of the said order, no noticeable progress has been attained in the case. The other co-accused have been bailed out.
3. In the circumstances, we cannot permit the appellant to continue incarceration for a further period without the adjudication being finalized. We, therefore, order him to be released on bail on execution bond with two solvent sureties to the satisfaction of the trial judge. We permit the trial judge to impose such conditions as he feels necessary for ensuring the appellant’s attendance on the dates of posting in the trial court.
4. This appeal is disposed of accordingly.
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