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SUPREME COURT OF INDIA
Ranjan Gogoi and Navin Sinha, JJ.
Sandeep @ Raja Acharya - Appellant
Versus
State of Orissa (with interim relief and office report) - Respondent
Criminal Appeal No. 524 of 2017 [Arising out of Special Leave Petition (Criminal) No. 7906/2016]
Decided On : 10-03-2017
Bail - Delay in Disposal of Appeal - Release of Appellant
Fact of the Case:
The accused appellant had been in custody for nearly nine years while his appeal before the High Court against his conviction under Section 302/34 IPC remained pending. The Supreme Court had directed expeditious hearing of the appeal in 2011.
Finding of the Court:
The Supreme Court, considering the period of custody suffered and the likely further time for disposal of the appeal before the High Court, decided to release the appellant on bail to the satisfaction of the trial Court, setting aside the order of the High Court.
Issues: Delay in disposal of appeal, period of custody suffered by the appellant, release on bail
Ratio Decidendi: The court's decision was influenced by the prolonged period of custody suffered by the appellant and the delay in the disposal of the appeal before the High Court, leading to the grant of bail.
Final Decision: The appellant was ordered to be released on bail to the satisfaction of the trial Court, and the order of the High Court was set aside.
ORDER :
Leave granted.
2. We have heard the learned counsels for the parties.
3. The accused appellant is in custody for nearly nine years. The appeal filed by the accused appellant before the High Court against his conviction under Section 302/34 IPC is of the year 2011. As far as back on 2nd September, 2011 while rejecting the prayer for bail this Court in Special Leave Petition (Criminal) No.6207 of 2011 had directed expeditious hearing of the appeal. The appeal before the High Court continues to remain pending as on date and in the normal course, the same is likely to take some further time for disposal. Having regard to the period of custody suffered and the possible time by which the appeal before the High Court can be disposed of, we are inclined to release the appellant on bail. Accordingly, the appellant is ordered to be released on bail to the satisfaction of the learned trial Court in connection with Criminal Trial (Sessions) No. 12/5 of 2009.
4. The learned trial Court is free to impose appropriate conditions as it deems fit.
5. Consequently, the order of the High Court is set aside and the present appeal is disposed of in the above terms.
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