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2000 Supreme(All) 911

HIGH COURT OF ALLAHABAD
B.K.Rathi
MUNNI LAL
Versus
STATE OF U P
Decided On : 13 July 2000
Criminal Appeal No. 50 of 1999

The court may grant bail based on the prolonged incarceration and lack of progress in the appeal process.

Headnote:

Bail - Release on Bail - Summary

Fact of the Case:

The appellant has been in jail for over five and a half years, with no chance of the appeal being heard in the near future. The first informant was not examined in the Court.

Finding of the Court:

The appellant Munni Lal is released on bail and the execution of his sentence shall remain suspended on his executing a personal bond with two sureties to the satisfaction of the Chief Judicial Magistrate concerned.

Issues:

Ratio Decidendi: The court considered the prolonged incarceration of the appellant and the lack of progress in the appeal process as grounds for granting bail.

Final Decision: Bail granted.

B. K. RATHI, J.

Heard Sri R. K. Gupta, learned Counsel for the appellant and the learned A. G. A.

2. The appellant is in jail since more than five and half years. The appeal was filed in the year 1999. The appeals of year 1982- 83 are being heard presently. There is no chance of the appeal to be heard in the near future. The first informant was not examined in the Court.

3. In the circumstances, the appellant Munni Lal is released on bail and the execution of his sentence shall remain suspended on his executing a personal bond with two sureties to the satisfaction of the Chief Judicial Magistrate con cerned. Bail granted.


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