The court emphasized the statutory right to appeal and the necessity for timely hearings to prevent justice from becoming illusory, granting bail due to prolonged incarceration.

ORDER :

1. Leave granted.

2. The appellant in CRA No.1500/2014, on the file of the High Court of Madhya Pradesh, Bench at Indore^1.[High Court], is also the appellant before us. He is aggrieved because his criminal appeal is not being listed for consideration, despite the fact that he has suffered incarceration for more than 10 years. Such incarceration is owing to conviction recorded, inter alia, under Section 302 of the Indian Penal Code, 1860 against the appellant for which he is serving a term of life in prison.

3. By the notice issuing order dated 29th November, 2024, this Court had observed that pendency of the special leave petition would not stand in the way of the roster bench of the High Court to hear the criminal appeal, on priority, having regard to the long incarceration of the appellant.

4. Office report dated 20th January, 2025 reveals that the said order dated 29th November, 2024 has duly been communicated to the Registrar General of the High Court for compliance.

5. Mr. Shikhil Shiv Suri, learned senior counsel appearing for the appellant, complains that despite such order, the appeal was not listed with the result that the appellant is languishing in the correctional home without any prospect of his criminal appeal being considered at an early date.

6. We have heard Mr. Shikhil Shiv Suri, as well Mr. V.V.V.M.B. Pattabiram, learned Deputy Advocate General appearing for the respondent-State of Madhya Pradesh.

7. Right to appeal is a statutory right conferred by the Code of Criminal Procedure, 1973. Having regard to the immense burden on the Judges of the High Court hearing criminal appeals, it might not have been possible for the roster bench to take up the criminal appeal for decision, despite the observation made by this Court in the notice issuing order. At the same time, any early decision on the appeal filed by the appellant does not seem to be imminent. Should relief claimed be not granted and the appellant made to suffer incarceration further, justice could turn out to be illusory for him in the event the High Court, at any time in the future, were to reverse the conviction and set aside the same together with the sentence.

8. Having regard to the long incarceration of the appellant, we deem it fit and proper, in exercise of power conferred by Article 142 of the Constitution, to suspend the sentence and grant bail to the appellant.

9. The appellant shall be released on bail, pending decision on the criminal appeal, subject to such terms and conditions as may be fixed by the trial court.

10. The impugned order directing the appeal to be listed in due course is modified to the extent that the roster bench of the High Court may list the criminal appeal at an early date for decision, subject to its convenience.

11. Needless to observe, the appellant shall diligently participate in the proceedings of the criminal appeal. Should the appellant’s counsel remain absent without justifiable cause when the appeal is taken up for hearing or his counsel, despite being present, expresses inability to argue, the High Court shall be at liberty to cancel the bail of the appellant.

12. We clarify that the observations made in this order and grant of bail are not be treated as findings on the merits of the case.

13. The appeal is, accordingly, disposed of on the aforesaid terms.

14. Pending application(s), if any, stand disposed of.