The Supreme Court believes that the long pending bail appeals at the Allahabad High Court should be decided based on broad criteria set by the Court. A division bench of Justices Sanjay Kishan Kaul and Hemant Gupta prescribed material aspects to be considered in framing such parameters while hearing a batch of 18 bail petitions. The bench suggested that the length of the trial, the heinousness of the crime, the age of the accused, the length of the trial, and whether the appellants are diligently prosecuting the appeals be taken into account. According to the Court, "Mostly because of the length of the sentence already served, many more issues may arise in the future. As part of the same, suggestions can be made regarding the 18 cases currently before us, and we will determine whether those cases should be remitted to the High Court for consideration, or if there are some obvious cases that can be dealt with at the very threshold." Garima Prasad, the Additional Advocate General, stated that she would submit a note outlining the guidelines that could be used so that the High Court could deal with these issues in each case.
The Court also requested suggestions for the current 18 matters, based on which it will determine whether those cases should be remitted to the High Court for consideration or whether there are any obvious cases that can be dealt with at the preliminary stage. Following an interaction between Standing Counsel Vishnu Shankar Jain, the Registrar of the High Court, and the AAG, it was also directed that the High Court assist the AAG in formulating the note and suggestions. The duration of custody in the batch of pleas ranges from nine to fifteen years, with the exception of Sudan Singh's case, which is seven years. Advocate Nagendra Singh and Advocate on Record Ronak Karanpuria had previously stated that the pending matters are unlikely to be heard anytime soon. The case will be heard on August 23, 2021.
Tags : #SupremeCourt #AllahabadHighCourt #LongPendency