2021 (10) TMI 1445 - SCH - Indian Laws

Grant of bail - requisite access to legal advice for moving the bail application - HELD THAT - It is incumbent on the High Court to place on record as to how they propose to see that the cases mentioned are taken up for consideration for grant of bail - it is noted that there may be even convicts in custody in cases other than life sentence cases and in those cases again the broad parameter of 50 per cent of the actual sentence undergone can be the basis for grant of bail. Four weeks' time granted to the High Court to place their policy strategy in this behalf - The Registry to register the Suo Moto proceeding and place it before Court on 16th November, 2021 - List after four weeks.

Summary

Issues: High Court's agreement with bail criteria, delay in bail application listing, exceptions for bail, mechanism for prompt listing of bail applications, policy strategy by High Court, consideration of bail for convicts in custody, Suo Moto petition for further directions, transfer of bail petitions to High Court.

The Supreme Court examined an affidavit filed by the High Court of Judicature at Allahabad concurring with the bail criteria proposed by the Government. The Court expressed concern that the suggested criteria might complicate the bail granting process, especially in cases where an appeal is pending at the High Court stage and the convict has served eight years of the actual sentence. The Court highlighted the need for prompt listing of bail applications, particularly for convicts without easy access to legal advice. The Court urged the High Court to consider granting bail to convicts who have completed eight years of actual sentence, except in cases of heinous crimes or when the appellant seeks adjournment instead of arguing the appeal.

The Supreme Court emphasized the importance of convicts approaching the High Court first for bail applications to avoid burdening the Supreme Court unnecessarily. However, the Court stressed the necessity of a mechanism to ensure prompt listing of bail applications filed at the High Court. The Supreme Court granted the High Court four weeks to present their policy strategy on how to expedite the consideration of bail applications for convicts who have served a significant portion of their sentence.

The Court acknowledged that there may be convicts in custody for offenses other than life sentences, proposing that 50% of the actual sentence served could be a basis for granting bail in such cases. The Supreme Court directed the transfer of pending bail petitions to the High Court of Allahabad for urgent consideration. Additionally, the Court suggested registering a separate Suo Moto petition to address the issue further and instructed the Registry to place it before the Court for directions on November 16, 2021. The Supreme Court concluded by scheduling a follow-up after four weeks to monitor progress on the matter.