SC Seeks Suggestions of UP, HC on Dealing Convicts' Bail Whose Appeals Are Pending Without Hearing

The Supreme Court on Monday sought suggestions from the Uttar Pradesh government and the Allahabad High Court's registry on possibility of laying down parameters for granting bails to the convicts who are in jails for long periods without any hearing on their appeals against the convictions in the high court. The top court was hearing 18 criminal appeals of the convicts in heinous offences seeking bail on the ground that they have spent seven or more years in jail and be granted bail as their appeals against the convictions are yet to be listed for regular hearing in the high court due to the long pendency. We may have to lay down some parameters (on grant of bails to the convicts). May be we are thinking aloud at the moment, a bench of justices Sanjay Kishan Kaul and Hemant Gupta said.

Justice Gupta referred to the practice of the Punjab and Haryana High Court and said if the appeals against convictions of jailed convict do not come up for hearing in the high court for a period of five years, then usually bails are granted to them. Taking note of the continued incarceration of convicts without hearing on their appeals, the bench asked additional Advocate General Garima Prasad, appearing for the Uttar Pradesh government to consult the High Court registry and give suggestions within three weeks on devising parameters for granting bails in such cases.

Prasad referred to a case where a man was convicted for brutally killing an eight-year-old boy after kidnapping him for ransom and said in some cases the offences are heinous and brutal and instead of granting bail, the hearing on appeals can be expedited. Lawyer Vishnu Shankar Jain also said in heinous offences, the hearing on appeals against convictions may be expedited. How can we expedite the appeals, the bench said, adding that there has been long pendency of such cases. The top court listed the matters after three weeks indicating that it may provide guidelines for dealing such cases.

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