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TMI Blog2005 (9) TMI 694X X X X Extracts X X X X X X X X Extracts X X X X ..... t of Punjab and Haryana at Chandigarh against his conviction and sentence which was registered as Criminal Appeal No. 29-DB of 2000. The said appeal was admitted for hearing on November 3, 2001. The appellant's application for grant of regular bail was dismissed by order dated September 8, 2004. One of the co-accused namely, Satwant Singh was granted bail by the High Court by order dated September 17, 2004 since he had suffered imprisonment for three years after his conviction and, therefore, was covered by the ratio of the judgment in Dharampal v. State of Haryana . The case of the appellant is that his case is also covered by the said judgment and, therefore, he should also be released on bail. It was submitted on his behalf that in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esaid decision which directs that life convicts, who have undergone at least five years imprisonment of which at least three years should be after conviction, should be released on bail pending the hearing of their appeals, should they make an application for this purpose. This was of course, confined to the cases which fall under categories C, D and E enumerated in the judgment. 5. Counsel for the State submitted that the Punjab and Haryana High Court in Dharampal's case did not intend to lay down any invariable rule of universal application for grant of bail. It only laid down guidelines which may be kept in mind by a Court while considering an application for grant of bail. 6. We notice that in Dharampal's case, the High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ould receive a jolt. These are observations made in several decisions of this Court dealing with the subject of speedy trial. In this case, we are concerned with the case where a person has been found guilty of an offence punishable under Section 302 IPC and who has been sentenced to imprisonment for life. The Code of Criminal Procedure affords a right of appeal to such a convict. The difficulty arises when the appeal preferred by such a convict cannot be disposed of within a reasonable time. In Kashmira Singh v. State of Punjab 1977CriLJ1746 this Court dealt with such a case. It is observed :- "The practice not to release on bail a person who has been sentenced to life imprisonment was evolved in the High Courts and in this Court on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h a person after hearing the appeal? Would it not be an affront to his sense of justice? Of what avail would the acquittal be to such a person who has already served out his term of imprisonment 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 are cogent grounds for acting otherwise, release the accused on bail in cases where special leave has been granted to the accused to appeal against his conviction and sentence". 8. Similar observations are found in some of the other de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore, direct that life convicts, who have undergone at least five years of imprisonment of which at least three years should be after conviction, should be released on bail pending the hearing of their appeals should they make an application for this purpose. We are also of the opinion that the same principles ought to apply to those convicted by the Courts Martial and such prisoners should also be entitled to release after seeking a suspension of their sentences. We further direct that the period of five years would be reduced to four for females and minors, with at least two years imprisonment after conviction. We, however, clarify that these directions shall not be applicable in cases where the very grant of bail is forbidden by law". ..... X X X X Extracts X X X X X X X X Extracts X X X X
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