New Delhi, Taking note of a "disturbing order" passed by the Orissa High Court, the Supreme Court has granted bail to a murder convict while voicing serious concern over its approach which junked his appeal on the ground of delay.
A bench of Justices J B Pardiwala and Ujjal Bhuyan said the High Court should have taken a "practical and sympathetic" view of the matter and condoned the delay to give an opportunity to the convict to argue his appeal on merits.
The top court noted that the convict has not been released even once on parole or furlough and said that sending the matter back to the high court to hear the criminal appeal on merits will be a futile exercise.
"We are convinced that we should release the petitioner on bail in the peculiar facts and circumstances of this case. Thus, in exercise of our jurisdiction under Article 142 of the Constitution as an exceptional case, we order that the petitioner be released on bail on his executing a personal bond of ₹10,000 to the satisfaction of the Jail Superintendent," the bench said.
The top court directed the District Legal Services Authority, Koraput in Odisha to help the petitioner in preparing an appropriate representation, seeking remission of sentence in accordance with the remission policy prevailing at the time of the commission of the offence.
{{/usCountry}}The top court directed the District Legal Services Authority, Koraput in Odisha to help the petitioner in preparing an appropriate representation, seeking remission of sentence in accordance with the remission policy prevailing at the time of the commission of the offence.
{{/usCountry}}The apex court clarified that it has passed this order keeping in mind the fact that the petitioner has been undergoing sentence for the past 22 years, he has not been released even once during this period and his jail conduct has also been found to be satisfactory.
"Registry shall inform about this Order to the Senior Superintendent, Circle Jail, Koraput at the earliest as well as the District Legal Services Authority, Koraput," it said.
The top court was hearing a plea filed by a man challenging an order of the Orissa High Court which declined to condone the delay of 3,157 days in preferring a criminal appeal against the judgment and order of conviction passed by the trial court, dismissing the criminal appeal on the ground of being time-barred.
The petitioner was put to trial in the court of the Additional Sessions Judge, Nabarangpur for the offence punishable under Sections 302 and 201 of the Indian Penal Code , 1860 respectively.
At the end of the trial, the petitioner was held guilty of the alleged crime and was sentenced to life imprisonment.
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