In a significant order, the Supreme Court suggested granting bail or considering early remissions to convicts who have been serving for more than 14 years.
This came as the apex court expressed concerns about the long pendency of criminal appeals before the Allahabad High Court.
As of August 2021, 1,83,000 Criminal Appeals have been pending before the Allahabad High Court, with an average disposal rate of 18 percent.
Laying down some parameters for the Allahabad High Court, a bench comprising Justices SK Kaul and MM Sundresh observed, “If a convict has served out 14 or more than 14 years of the sentence, then his case is likely to be considered for remission. The court should either direct (the state authorities) that his application for remission be considered within three months or enlarge him on bail.”
Expressing “exasperation” on the pendency of criminal appeals, Justice Kaul remarked, “The Allahabad High Court has to do some thinking. Bail is rejected after 11 years stating heinous crime. Of course crime is heinous, but is no reformative approach possible?”
“We have put the word to the learned counsel... A list should be prepared of all cases where the persons have served out the jail sentences of 14 years and are not a repeat offender,” the bench said.
"In these cases bail can be granted in one go. Second category of persons could be one where the persons have served out more than 10 years sentence and in these cases, bail can be granted at one go unless there are any accentuated circumstances. These two parameters can be followed.”
(With inputs from NDTV and Live Law)
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