1. Conviction under Sections 302 and 364 read with Section 34 of the IPC and life imprisonment sentence — Application for bail pending disposal of criminal appeals. (Para 3 , 9 )
Back
Next 
2025 Supreme(SC) 1371
SUPREME COURT OF INDIA
PAMIDIGHANTAM SRI NARASIMHA AND MANOJ MISRA, JJ.
Mohammed Shereef - Appellant
Versus
State Of Kerala - Respondent
Criminal Appeal No(s). 1733-1734 of 2024 with Crl.A. No. 2724/2024
Decided on : 22-01-2025
Advocates:
Advocate Appeared:
For the Appellant :Mr. Santhosh Krishnan, Senior Advocate, Mr. Zulfiker Ali P. S, Advocate, Mr. Santhosh Krishnan, Advocate, Ms. Lakshmi Sree P., Advocate, Ms. Lakhsmi Sree P., Advocate, Ms. Lebina Baby, Advocate
For the Respondent:Mr. Santhosh K, Advocate, Mr. Alim Anvar, Advocate, Mr. Nishe Rajen Shonker, Advocate and Mrs. Anu K Joy, Advocate, for the Respondent
Advocate Appeared:
For the Appellant :Mr. Santhosh Krishnan, Senior Advocate, Mr. Zulfiker Ali P. S, Advocate, Mr. Santhosh Krishnan, Advocate, Ms. Lakshmi Sree P., Advocate, Ms. Lakhsmi Sree P., Advocate, Ms. Lebina Baby, Advocate
For the Respondent:Mr. Santhosh K, Advocate, Mr. Alim Anvar, Advocate, Mr. Nishe Rajen Shonker, Advocate and Mrs. Anu K Joy, Advocate, for the Respondent
The Supreme Court granted bail to appellants convicted of murder and kidnapping, sentenced to life imprisonment, pending the disposal of their appeals, considering the significant period of incarceration already undergone by the accused and the court's decision to expedite the hearing of the appeals.
Headnote:(A) Indian Penal Code, 1860 - Sections 302 and 364 - Bail application pending appeal - Appellants convicted of grave offenses and sentenced to life imprisonment - Considering duration of incarceration, the Court allows bail for appellants 1 and 4, along with appellants 2 and 3, subject to conditions imposed by the Trial Court. (Paras 3, 6, 9, 12)
Facts of the case:
Appellants have been convicted by the High Court and sentenced under serious charges, with periods of incarceration already served by appellants noted at over 9 years. The release is contingent upon the discretion of the Trial Court.
Findings of Court:
The Court acknowledges the duration of confinement and the need for expedited hearing of appeals while granting bail.
Issues: The principal question was whether the appellants, given their time in custody, should be granted bail pending their appeal against convictions.
Ratio Decidendi: The Court reasons that the substantial time served by appellants and the nature of the appeals warrant granting bail while ensuring conditions are to be determined by the Trial Court.
Result: Interlocutory applications allowed for all appellants.
Legal Category Hierarchy
Table of Contents
2. Request for bail pending disposal of appeals based on the duration of incarceration already undergone by the accused. (Para 4 , 10 )
3. Consideration of the facts, circumstances, and the length of incarceration while expediting the hearing of the criminal appeals. (Para 5 , 11 )
4. Grant of bail pending appeal may be considered based on the duration of incarceration and the decision to expedite the hearing of the main appeals. (Para 5 , 11 )
5. Interlocutory applications for grant of bail allowed, directing the release of the accused subject to terms imposed by the Trial Court. (Para 6 , 12 )
6. Can bail be granted pending appeal for convicts who have undergone significant incarceration?
Yes, the court may grant bail pending the disposal of appeals considering the facts, circumstances, and the length of incarceration, especially when the hearing of the appeals is being expedited. (Para 5 , 11 )
7. Under what conditions can the court release convicts on bail pending the disposal of their appeals?
The court may direct the release of the appellants on bail subject to such terms and conditions as may be imposed by the Trial Court. (Para 5 , 11 )
ORDER :
IA No. 281636 of 2024 in Crl. Appeal Nos. 1733-1734 of 2024
1. By our order dated 30.01.2024, we have granted leave to appeal.
2. Interlocutory application for grant of bail, pending the disposal of the appeals, has been instituted by appellants herein being accused nos. 1 and 4.
3. Appellants herein have been convicted by the High Court by judgment and order dated 12.10.2021 under Section 302 and 364 read with Section 34 of the IPC and sentenced to imprisonment for life who are in appeal before us.
4. We are informed by Mr. Santhosh Krishnan, learned senior counsel appearing for the appellants that accused no. 1 (viz. Mohammed Shereef) has already undergone 10 years 2 months of incarceration and accused no. 4 (viz. Sayed Habib Koya Thangal @ Habeeb Koya Thangal) has already undergone 10 years 5 months of incarceration. Custody certificates to this effect are placed on record.
5. Considering the facts and circumstances of the case and material placed on record, while we expedite the hearing of the criminal appeals, we are of the view that appellants may be released on bail. Accordingly, we direct that appellants - accused no. 1 (viz. Mohammed Shereef) and accused no. 4 (viz. Sayed Habib Koya Thangal @ Habeeb Koya Thangal) be released on bail subject to such terms and conditions as may be imposed by the Trial Court.
6. Accordingly, Interlocutory Application No. 281636 of 2024 is allowed.
IA No. 249181 of 2024 in Crl. Appeal No. 2724 of 2024
7. By our order dated 30.01.2024, we have granted leave to appeal.
8. Interlocutory application for grant of bail, pending the disposal of the appeal, has been instituted by appellants herein being accused nos. 2 and 3.
9. Appellants herein have been convicted by the High Court by judgment and order dated 12.10.2021 under Section 302 and 364 read with Section 34 of the IPC and sentenced to imprisonment for life who are in appeal before us.
10. We are informed by Mr. Santosh, learned counsel appearing for the appellants that accused no. 2 (viz. Saidalavi @ Bava) has already undergone 9 years 1 month of incarceration and accused no. 3 (viz. Abdulkadar) has already undergone 9 years 2 months of incarceration excluding period of remission. Custody certificates to this effect are placed on record.
11. Considering the facts and circumstances, of the case and material placed on record, while we expedite the hearing of the criminal appeal, we are of the view that appellants may be released on bail. Accordingly, we direct that appellants - accused no. 2 (viz. Saidalavi @ Bava) and accused no. 3 (viz. Abdulkadar) be released on bail subject to such terms and conditions as may be imposed by the Trial Court.
12. Accordingly, Interlocutory Application No. 249181 of 2024 is allowed.
