Peeved about long delays in hearing the bail applications of convicted prisoners pending their appeals, the Supreme Court on Monday pulled up the Allahabad High Court, saying it should start thinking “out of the box” and convene even on off days to ensure quick disposal. A division bench conveyed its annoyance by saying it is prepared to “take the extra burden” and call the applications to the apex court if the high court was finding it “difficult” to handle them. The bench of Justices S K Kaul and M M Sundresh noted there are 853 pending criminal appeals where petitioners have spent more than 10 years in jail. “If you are finding it so difficult, we will take extra burden and call bail applications. You have to think out of the box like sitting on Sunday or Saturday. We are dealing with the liberty of the person. So many times we have told you,” the bench observed.
The top court ordered that a list be filed before it of the 853 cases with their serial numbers, details about the time the convicted prisoners have spent in custody, in which of these cases the state is opposing the bail and on which grounds. It granted two weeks to the state for furnishing the details.
The apex court perused a report filed by the senior registrar of the high court with regard to people incarcerated for more than 15 years, and between 10 and 14 years. “It appears that 62 bail applications are still to be disposed of and are to be listed in the next 2-3 weeks. 232 subsequent fresh bail applications have been filed during this period from April 22, 2022 to July 17, 2022 where no bail was applied previously. “We would again like to repeat that having laid down norms it should not take weeks to dispose of these applications. The state counsel states that there are 853 pending criminal appeals where a person in custody has spent more than 10 years,” the bench said. The judges said they have asked the state counsel in how many instances there are aggravating circumstances or cases of multiple offences where the state is opposing the bail and that the counsel told the court that she will have to scrutinise the number.
The top court will hear the matter again on August 17. Taking note of inordinate delays in deciding criminal appeals, the apex court had earlier asked the state government to take a stand in respect of single offence cases and those pending for 10 years or more. It had said unless there are special circumstances, all of them can be enlarged on bail. The Supreme Court had on its own ordered registration of a case to consider laying down guidelines to deal with long pendency of criminal appeals in the Allahabad High Court.
It had underscored the need for a mechanism to promptly list bail applications for hearing if an accused approaches high court. The apex court had also directed the Uttar Pradesh government and officials of the Allahabad High Court to sit together and jointly submit suggestions for regulating the hearing of bail applications during the pendency of appeals of the convicted persons.
The top court was hearing 18 criminal appeals of the convicts in heinous offences seeking bail on the ground that they have spent seven or more years in jail and be granted bail as their appeals against the convictions are yet to be listed for regular hearing in the high court due to the long pendency of cases. The high court has given a slew of suggestions to the top court like in cases of serious and grave offences, rights of the victims and their families should also be considered before granting bail to an accused.
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