Delay in hearing of appeal SC directs trial court to release murder accused on bail
New Delhi Mar 19 PTI The Supreme Court has directed a trial court to release a man accused in a murder and an arms act case noting that he has already undergone actual imprisonment for over 15 yearsA three-judge bench of Justice U U Lalit Justice S Ravindra Bhat and Justice P S Narasimha noted that the appeal of the accused challenging his conviction is pending in Allahabad High Court for more than 12 yearsBy order dated February 14 2022 after noticing that the appellant had already undergone actual imprisonment in excess of 15 years the delay in preferring the petition was condoned and notice was issued The affidavit in reply filed on record accepts the fact that the actual imprisonment suffered by the appellant in the instant matter is in excess of 15 years the bench saidIn the circumstances in our view a case for relief under Section 389 of the Code is made outWe therefore allow this appeal and direct that the appellant be produced before the trial court within three days from today and the trial court shall release the appellant on bail subject to such conditions as the trial court may deem appropriate to impose it saidThe accused had approached the apex court under Section 389 of the Code of Criminal Procedure which grants liberty to an accused to approach the court for suspension of his sentence pending an appealThe man in his appeal through advocate Alakh Alok Shrivastava contended that he has been in jail for over 15 years PTI PKS NSD
New Delhi Mar 19 PTI The Supreme Court has directed a trial court to release a man accused in a murder and an arms act case noting that he has already undergone actual imprisonment for over 15 yearsA three-judge bench of Justice U U Lalit Justice S Ravindra Bhat and Justice P S Narasimha noted that the appeal of the accused challenging his conviction is pending in Allahabad High Court for more than 12 yearsBy order dated February 14 2022 after noticing that the appellant had already undergone actual imprisonment in excess of 15 years the delay in preferring the petition was condoned and notice was issued The affidavit in reply filed on record accepts the fact that the actual imprisonment suffered by the appellant in the instant matter is in excess of 15 years the bench saidIn the circumstances in our view a case for relief under Section 389 of the Code is made outWe therefore allow this appeal and direct that the appellant be produced before the trial court within three days from today and the trial court shall release the appellant on bail subject to such conditions as the trial court may deem appropriate to impose it saidThe accused had approached the apex court under Section 389 of the Code of Criminal Procedure which grants liberty to an accused to approach the court for suspension of his sentence pending an appealThe man in his appeal through advocate Alakh Alok Shrivastava contended that he has been in jail for over 15 years PTI PKS NSD
