Supreme Court mulls bail for life convicts in jail for over 10 years

The apex court was considering a suo moto petition on “Policy Strategy for Grant of Bail” where the Court was considering the issue of life convicts awaiting decision on their appeals

The Supreme Court on Thursday said life convicts behind bars for over 10 years whose appeals are not to be taken up in near future should be granted bail as the top court took the first step towards passing such a decision by asking all high courts to collect data on such lifers who were in custody for periods beyond 10 years and 14 years.

The Court issued orders to all high courts to compile the data of such convicts. (File image)

The Court was considering a suo moto petition on “Policy Strategy for Grant of Bail” where it was considering the issue of life convicts awaiting decision on their appeals.

Indicating the way forward to deal with the issue, a bench of justices Sanjay Kishan Kaul and AS Oka said, “We are of the view that all persons who have completed 10 years of sentence and their appeal is not to be heard in the near proximity, with no accentuating condition, should be enlarged on bail.”

In order to carry out this exercise, the bench added, “Data has to be compiled of such persons who are in custody for over 10 years for these persons to be considered for bail pending consideration of their appeals.”

The Court issued orders to all high courts to compile this data and also requested them to provide details of life convicts who served 14 years actual sentence to be considered for premature release as per the existing remission policy in the state.

In the suo moto petition, the bench was considering the case of six high courts, namely Allahabad, Madhya Pradesh, Bombay, Patna, Rajasthan and Orissa having maximum number of life convicts. However, the Court extended its order to all high courts.

Compiling a note containing the responses received from the six high courts, advocate Gaurav Agrawal, assisting the Court as amicus curiae (friend of court) said, “If the convict has undergone more than 10 years imprisonment in life sentence cases, unless there are reasons to deny bail, in which case, the appeals may be taken up for hearing on priority basis.” In such cases, he recommended release of convicts on bail, unless there are exceptional circumstances for non-grant of bail.

The Court accepted this suggestion by adding that if the convict is delaying hearing of the appeal, a different view may be taken but short of that, the bench expressed the view that all cases of life convicts in jail for over 10 years with their appeals pending should be granted bail.

Agrawal further stated in his note that high courts should be asked to identify life convicts who have completed 14 years of custody in order to refer their cases to the concerned governments for their premature release within a fixed time period.

The Patna high court indicated that more than 4,000 convicts are in custody whose appeals are pending before the high court. Of this, 363 have completed 14 years in custody.

Orissa high court too presented figures suggesting that in the state, 225 convicts are in custody for more than 10 years and 51 have remained in jail for over 14 years.

The situation in Uttar Pradesh appeared to be critical as the amicus pointed out that there are 2,853 appeals pending in the high court where 3,234 convicts have been in custody for more than 10 years. Out of these, 385 convicts have spent over 14 years and are eligible for remission.

On Wednesday, while considering the same issue, the bench had taken up the case of convicts who have been convicted for fixed term of sentence below 10 years.

In those cases, based on recommendation of Agrawal, the Court directed that convicts who have undergone 40% sentence should be eligible for premature release on grounds of good conduct under the Probation of Offenders Act, 1958, provided they are first time offenders.