1. Prolonged incarceration during stay of trial; impleadment allowed; bail applications listed; case referred to larger Bench. (Para 2 , 3 )
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2011 Supreme(SC) 1445
SUPREME COURT OF INDIA
Dalveer Bhandari, T.S. Thakur, Dipak Misra, JJ.
Hardeep Singh - Appellant
Versus
State of Punjab and Others - Respondents
Criminal Appeal No. 1750 of 2008
Decided On : 08-12-2011
Where criminal appeals are referred to a Constitution Bench and trials are stayed, the court may allow impleadment and list bail applications before a regular bench to prevent undue incarceration during the pendency of the reference.
Headnote:(A) Criminal Procedure - Impleadment and Bail - Reference to Constitution Bench - Where trial has been stayed by the Court and the matter referred to a larger Bench, the prayer for bail may be adjudicated by a regular Bench to ensure an applicant does not remain in jail indefinitely while awaiting the answer to the reference by the Constitution Bench. (Paras 1 and 2)
(B) Impleadment/Intervention - Applications for impleadment or intervention in criminal appeals and special leave petitions may be allowed and listed for further hearing. (Para 3)
Facts of the case:
Applicants sought impleadment and bail in criminal appeals and special leave petitions. It was submitted that one applicant had been incarcerated for approximately six years while the trial remained stayed by a court order. There was an apprehension that the reference of the cases to a Constitution Bench would lead to further delay in the adjudication of bail applications.
Findings of Court:
The Court allowed the applications for impleadment and intervention. It directed that the prayers for bail and stay be listed before a regular Bench for adjudication in the last week of January, 2012.
Issues: Whether applications for impleadment and bail can be entertained and listed for hearing while the main appeals are referred to a Constitution Bench.
Ratio Decidendi: The court held that the potential for prolonged incarceration during the pendency of a reference to a Constitution Bench, especially where the trial is stayed, justifies listing bail applications before a regular bench for adjudication.
Result: Impleadment allowed; bail and stay applications listed for hearing; appeals referred to the Constitution Bench.
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ORDER :
Dalveer Bhandari, T.S. Thakur, Dipak Misra, JJ.
Crl. MP No. 24292 of 2011 in SLP (Crl.) No. 9184 of 2008
Prayer for impleadment is allowed. In this application it is mentioned that the applicant is in jail for last about six years while the trial has been stayed by order dated 17-12-2008 passed by this Court. The apprehension of the learned counsel for the applicant is that after reference of these cases to a larger Bench, it may take a few months more before the reference is answered by the Constitution Bench and the applicant will have to remain in jail. 2. In this view of the matter, let this matter be placed before a regular Bench for adjudication of the prayer for bail in the last week of January, 2012.
Crl. MP No 21161 for 2008 in SLP (Crl.) No. 9184 of 2008.
3. Application for impleadment/intervention is allowed. The bail applications by the impleaded parties be listed before the regular Bench in the last week of January, 2012.
Crl. MP No. 22878 of 2010 in SLP (Cril.) No. 9040 of 2010
4. This application for stay be listed before a regular Bench of this Court in the last week of January, 2012.
5. All the appeals and the SLPs are referred to the Constitution Bench in terms of the signed Order.
