The judgment highlights the importance of a thorough assessment of evidence, the delicate balance between granting bail and ensuring justice, and the need for expeditious disposal of appeals.

( 1 ) THIS is a bail application with a difference which has necessitate us to have to not only call for the records but on the subsequer occasion to send for the double barrel gun which was the weapo involved in the commission of the offence and to hear arguments i considerable detail from the respective Counsel. The appellant why was the original accused before the Sessions Court has been convicted for having committed an offence punishable under Section 302 IPC and he has appealed against the conviction and sentence the appeal having been admitted, I A. I has been preferred praying for his release on bail pending the disposal of the appeal. We refrali from referring to the facts on record except where absolutely essentia because the law postulates that the appeal Court need not and certainly will not embark upon an evaluation of the evidence at the stage of deciding an application for interim bail. The principles on which a Court would consider an application for bail at the pretria stage are considerably different from those on which an appeal Court would decide such an application at the post conviction stage, the obvious reason being that there is already an assessment of the evidence and the record and if there is an adverse verdict, particular in cases where the conviction is for a serious offence such as one punishable with imprisonment for life or a heavy jail sentence that certainly is a disqualification against the accused.

( 2 ) WHILE it is true that the appeal Court is required to do a quick summary assessment of the material before it more importantly the reasoning of the Trial Court and the findings, over the years a few well defined principles have emerged with regard to the grant of bail at the post trial stage. The first of these is that if the findings recorded appear to be wholly wrong or perverse and if it does appear that the conviction itself would be totally unsustainable the appeal Court would certainly grant interim bail. The Supreme Court and the High courts have been very rightly emphatic about the rights of the accused and particularly the concept of wrongful confinement and encroachment on liberty and have deprecated the mechanical approach that was in practice hitherto, that bail was refused at the post conviction stage purely as a matter of policy irrespective of the quality of the judgment or even the prima facie correctness of the findings. It is a very delicate situation in so far as for obvious reasons the appeal Court is not required at the admission stage to do an indepth evaluation of the evidence which is the function of the Court at the final hearing. All that the Court is required to do is to generally apply its mind and do a summary assessment in the light of what has been pointed out by the Counsel representing the parties and to decide the bail application but again while doing so, as a rule of prudence the appeal Courts do not record elaborate reasons and findings because this would undoubtedly prejudice the parties at the stage of final hearing. At the same time, the law enjoins upon the court to pass a speaking order which must reflect very clearly that the Court has applied its mind to the aspects that were pointed out and has thereafter decided the application one way or the other. Again, as a rule of caution where the conviction is for a serious offence the Court is' also required to apply the alternate theory of assessing whether, even if the conviction appears to be wrong under that charge whether it could still be sustainable for a slightly lesser offence. A classic example would be where on the face of it, the records indicate that a conviction under Section 302 IPC is totally unsustainable but where there may be sufficient material to hold that the accused could clearly be convicted for the offence punishable under Section 304 or 326 IPC both of which offences still carry heavy jail sentence. This last aspect does assumes some importance in the present case.