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Issues involved: Application for bail pending appeal, practice of not releasing on bail for life imprisonment under section 302 IPC, reconsideration of the practice.
Summary: The appellant was convicted by the Sessions Court for an offence under section 323 of the Indian Penal Code and sentenced to six months' rigorous imprisonment. Although acquitted of an offence under section 302, the High Court convicted him of the same and sentenced him to life imprisonment. The appellant filed a petition for special leave to appeal to the Supreme Court, which was granted. The appellant sought bail pending the appeal, considering the delay in the appeal hearing. The Court discussed the practice of not releasing on bail for life imprisonment under section 302 IPC, emphasizing the need for justice and avoiding unjust incarceration. Acknowledging the delay in appeal hearings, the Court decided to release the appellant on bail until the appeal is heard, considering the prima facie case and the time spent in jail already. The appellant was directed to report to the nearest police station fortnightly. In conclusion, the Court allowed the appeal and directed the release of the appellant on bail to the satisfaction of the Chief Judicial Magistrate, Patiala.
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