In a recent judgement from April 2022, the Supreme Court criticized the Allahabad High Court for rejecting a man’s bail application, stating it “cannot appreciate” the High Court’s approach. The Supreme Court noted that dismissing bail applications based on the need to hear the appeal only adds to the already large number of pending appeals.
The Supreme Court overturned the High Court’s decision and granted bail to the appellant, who has served over 14 years of his sentence. His appeal has been pending for seven years before the High Court.
The man had initially filed a bail application during the appeal process against an October 2013 trial court judgement that convicted and sentenced him in a criminal case. However, in December 2019, the High Court rejected his bail application, suggesting the appeal be listed for an immediate hearing once the paper books were prepared.
Despite three subsequent applications to list the case, it was not heard. The Supreme Court observed that the High Court’s approach of rejecting bail applications to expedite appeal hearings serves no purpose due to the backlog of pending appeals.
The Supreme Court emphasized that such an approach adds further strain to the court system. It noted that this was not an isolated case and criticized the rejection of bail with a simple statement that the appeal should be heard, especially when hearing the appeal is nearly impossible given the backlog.
The Supreme Court urged the state to examine this issue, considering policies in other states and the significant backlog of criminal cases in Uttar Pradesh. The court suggested adopting a practical approach, such as considering remission after 14 years of the actual sentence, which could satisfy some appellants and reduce the burden of appeals.
Concluding its judgement, the Supreme Court set aside the High Court’s order, deemed the approach incorrect, and granted bail to the appellant with conditions set by the trial court.
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