9911796707
TMI Blog1977 (9) TMI 117X X X X Extracts X X X X X X X X Extracts X X X X ..... EMENT BHAGWATI. J.,- This is an application for bail pending the hearing of an appeal by special leave. The appellant was convicted by the Sessions Court for an offence under section 323 of the Indian Penal Code and sentenced to suffer six months' rigorous imprisonment. There was also a charge against the appellant for an offence under section 302 of the Indian Penal Code but he was a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent. The appellant contends in this application that pending the hearing of the appeal he should be released on bail. Now, the practice in this Court as also in many of the High Courts has been not to release on bail a person who has been sentenced to life imprisonment for an offence under section 302 of the Indian penal Code. The question is whether this practice should be departed from and if ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The rationale of this practice can have no application where the Court is not in a position to dispose of the appeal for five or six years. It would indeed be a travesty of justice to keep a person in jail for a period of five or six years for an offence which is ultimates found not to have been committed by him. Can the Court ever compensate him for his incarceration which is found to unjustified ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tal be to such a person who has already served out his term of impri sonment or at any rate a major part of it ? It is, therefore, absolutely essential that the practice which this Court has been following in the past must be reconsidered and so long as this Court is not in a position to hear the appeal of an accused within a reasonable period of time, the Court should ordinarily, unless there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ;and it is not likely to come up for hearing for at least another two years since. this Court is at present hearing appeals preferred in the year 1972.The very fact that this Court has granted to the appellant specialleave to appeal against his conviction shows that, in the opinion of thisCourt, he has prima facie a good, case to consider and in the circumstances it would be highly unjust to detai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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