SC refers to large pendency in Allahabad HC, grants bail to convict

The Supreme Court has granted bail to a 70-year-old man, whose appeal against his conviction in a murder case is pending in the Allahabad High Court, saying the position of hearing appeals of this nature before the high court is “well known” in view of the large pendency.

The apex court noted that the appellant has already undergone over 10-year of the sentence imposed upon him in the case.

A bench of Justices S K Kaul and M M Sundresh passed the order while hearing a petition filed by the man, who had challenged the September 2019 order of the high court rejecting his bail application.

“The appellant no doubt has been convicted under the provisions of section 302 (murder) IPC (Indian Penal Code) but his criminal appeal ….is still pending consideration,” the bench noted in its recent order.

“The position of hearing appeals of this nature before the Allahabad High Court are well known in view of the large pendency,” the top court said.

It also noted that the appellant is about 70 years of age and has already undergone over 10 years of the sentence.

“In view of the aforesaid, the appellant is granted bail on terms and conditions to the satisfaction of the trial court,” the bench said while allowing the appeal.

The high court had rejected the bail application filed by Surajpal, who was convicted in the murder case registered in Agra. The counsel appearing for the state had argued before the high court that the incident had taken place in broad daylight and the appellant was convicted and sentenced to life imprisonment for causing gunshot injury to the deceased.

In its order, the high court had noted that the only ground pressed by the counsel for the appellant in support of his prayer for bail was that although he was languishing in jail since August 2013, his appeal has not been heard and since there was no likelihood of the appeal being heard in near future in view of the heavy backlog of appeals, he was entitled to be enlarged on bail.