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Issues:
1. Bail pending appeal due to delay in hearing criminal appeals. 2. Fundamental right to speedy justice under Article 21 of the Constitution. 3. Obligation of the executive to appoint requisite number of judges. 4. Vacancies in High Courts leading to delays in criminal appeals. 5. Directive for disposal of criminal appeals within 5 years. 6. Consideration of releasing appellant on bail due to old age and circumstances. 7. Release of appellant on bail with suspension of sentence. Analysis: Issue 1: The appellant sought bail pending appeal due to the delay in the hearing of her criminal appeal. The High Court rejected her bail plea, citing the backlog of cases and the seniority-wise listing of appeals. The Supreme Court emphasized the right to speedy justice under Article 21 of the Constitution, highlighting that prolonged delays confer a right upon the accused to apply for bail. Issue 2: The Supreme Court reiterated that the right to speedy justice is a fundamental right guaranteed under Article 21 of the Constitution. It emphasized the need for the executive to appoint an adequate number of judges to address the increasing pressure on the judicial system and ensure timely disposal of cases. Issue 3: The Court noted the failure to fill vacancies in the High Courts, leading to accused individuals languishing in jails without prompt resolution of their appeals. It stressed the importance of High Courts taking steps to ensure the timely disposal of criminal appeals, particularly those involving incarcerated individuals. Issue 4: The judgment highlighted the need for High Courts to expedite the disposal of criminal appeals, especially cases pending for more than 5 years. The Court recommended the establishment of regular and special benches to handle such cases and directed Chief Justices to take immediate steps to address the backlog. Issue 5: Despite refraining from commenting on the merits of the case, the Supreme Court considered the appellant's old age and circumstances, including the care of a child born in jail, in deciding to release her on bail. The Court suspended the sentence and directed her release on bail with specific conditions. Issue 6: The Court, while acknowledging the serious nature of the allegations against the appellant, balanced the considerations of her age and the welfare of the child born in jail. It deemed it appropriate to release the appellant on bail to ensure the child's well-being and parental care, which would be compromised if she remained in jail. Issue 7: Ultimately, the Supreme Court allowed the appeal, setting aside the High Court's order and directing the release of the appellant on bail. The Court ordered the suspension of the conviction and sentence, requiring the appellant to furnish a personal bond with sureties as per the trial court's satisfaction.
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