Back
SUPREME COURT OF INDIA
A.M. Khanwilkar, Krishna Murari, JJ.
Kushal - Appellant
Vs.
State Of Uttar Pradesh - Respondent
Criminal Appeal No. 458 Of 2021
Decided On : 03-05-2021
Bail - Criminal Appeal - Immediate Release of Appellant
Fact of the Case:
The appellant appealed against the rejection of bail during the pendency of the appeal, despite being in jail for nine years with no immediate prospect of the appeal being heard.
Finding of the Court:
The Court found the appellant's conduct in jail satisfactory and noted the absence of any other pending criminal case against him. In the interest of justice, the Court allowed the appeal and directed the immediate release of the appellant on bail.
Issues: Prayer for bail during the pendency of the appeal, appellant's conduct in jail, and the interest of justice.
Ratio Decidendi: The Court considered the appellant's lengthy incarceration, satisfactory conduct in jail, and absence of other pending criminal cases as factors warranting the grant of bail in the interest of justice.
Final Decision: The appeal was allowed, and the immediate release of the appellant on bail was directed, subject to the satisfaction of the trial Court and imposition of appropriate terms and conditions.
ORDER :
1. Leave granted.
2. This appeal takes exception to the judgment and order dated 9th February, 2021 of the High Court of Judicature at Allahabad in Criminal Misc. Second Bail Application No.44464 of 2014 in Criminal Appeal No.1821 of 2013, rejecting the prayer for bail during the pendency of the appeal, despite the fact that the appellant has already remained in jail for nine years and there is no possibility of appeal being taken up for hearing at least in immediate near future.
3. Heard learned counsel for the parties.
4. Learned counsel for the respondent-State, on instructions, submits that the conduct of the appellant in Jail has been satisfactory and there is no other criminal case pending against him.
5. Taking overall view of the matter, in the facts of the present case and in the interest of justice, we allow this appeal and direct immediate release of the appellant on bail to the satisfaction of the trial Court in connection with Session Case No.565 of 2011 arising out of Case Crime No.50/2011, registered at Police Station Ahmadgarh, District Bulundshahr, Uttar Pradesh and on such terms and conditions as may be imposed by the trial Court.
6. Pending applications, if any, shall stand disposed of.
The Court's decision was influenced by the appellant's lengthy incarceration, satisfactory conduct in jail, and absence of other pending criminal cases, leading to the grant of bail in the interest o....
Points Of Law : Appellant has already undergone more than 11 years in jail so far and the fact that his conduct in jail has been satisfactory.
The court considered the provisions of Section 389 Cr.P.C. and Section 436A Cr.P.C. in light of the appellant-applicant's incarceration period, previous court decisions, and the delay in the appeal p....
Prolonged judicial custody without trial violates the right to a speedy trial under Article 21, making it a fit case for bail despite multiple pending criminal cases.
Suspension of sentence and bail may be granted if the applicant has served more than half of a fixed term sentence and the appeal is unlikely to be heard before the sentence is completed.
The main legal point established in the judgment is that a person who has completed a significant portion of their sentence may be entitled to the benefit of bail under Section 389 of the Code of Cri....
Points of Law : Trial Court shall release the appellant on bail subject to such conditions as the Trial Court may deem appropriate to ensure presence and participation of the appellant in the pending....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
