LexKASHMIRA SINGH versus THE STATE OF PUNJAB
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/ r i KASHMIRA SINGH v. THE STATE OF PUNJAB September 2, 1977 [P. N. BHAGWATI AND A. C. GUPTA JJ.] 385 Practice and procedure in the matl£'r of gr.anting bail to a11 accused pend- ing the hearing of an appeal-Order XLVIL Rule 6 read with Order XXL Rule 6 of the Supren1e Court Rules. The appellant, though charged with offences u/ss. 323 and 302 I.P.C., was convicted only u/s. 323 and sentenced to suffer 6 months' rigorous imprison- ment. The appeal preferred by the State against acquittal u/s. 302, I.P.C. was accepled by the High Court and the appellant \\'as convicted under that charg~ and sentenced to life imprisonn1ent. As required under Rule 6, Order XX[ of the Supreme Court Rules, the appellant surrendered before the trial court and preferred special leave which was granted on 28-2-1974; but the application for bail, preferred subsequently, was rejected on 10-1-1975. Since the appeal did not come up for hearing for a long time, the appellant pre- ferred another application for bail. Allowing the application, the Court, IIELD : No practice howsoever sanctified by usage and hallowed by time can be allowed to prevail if it operates to cause injustice. Every practice of the court Jl.1USt find its ultimate justification in the interest of justice. The practice not to release on bail a person who has been sentenced to life imprison- ment was evolved on the basis that once a person has been found guilty and sentenced to life imprisonment, he should not be let loose so long as his conviction and sentence are not set aside; but the underlying postulate of this practice \Vas that the appeal of such person would be disposed of within a measurable distance of. time so that if he is ultimately found to be inno- cent, he \vould not have to remain in jail for an unduly long period. The rationale of this practice can have no application where .the court is not in a position to dispose of the aippeal for five or six years. It would, indeed, be a travesty o[ justice to keep a person in jail for a period of five or six years for an offence which is ultimately found not to have been committed by him. So long as this court is not in a position to hear the appeal of an accused within a reasonable period of time, the court should ordinarily, unless: there a;"e cogent grounds for acting otherwise, release the accused on bail in cases where special leave has been granted to the accused to appeal against his con- viction and sentence, In the instant case, the very fact that this court has grantc<l to the appel- lant special leave to appeal against his conviction shows that, in the opinion of this court, he has, prima facie, a good case to consider and in the circum- stances, namely, that he has been in jail and the total period he has spent in jail. so far is about 4t years, it v.rould be highly unjust to detain him in jail any longer during the hearing of the appeal and he should be released on bail. [386 D-G, 387 A-DJ CRIMINAL APPELLATE JURISDICTION: Criminal Misc. Petition No. 1907 of 1976. Application for Bail in Criminal Appeal No. 110 of 1974, " U. P. Singh for the Appellant. 0. P. Sizar ma for the Respondent. The Judgment of the Court was delivered by BHAGWATI. J.,-This is an application for bail pending the hcar- iu~ o[ an appeal by special leave. The appellant was convicted by c D· E F F G H 386 SUPREME COURT REPORTS [1978) 1 s.c.R. the Sessions Court for an offence under section 323 of the Indian Penal Code and sentenced to suffer six 'months' rigorous imprisonment. There was also a charge against the appellant for an offence under section 302 of the Indian Penal Code but he was acquitted of that offence by the Sessions Court and hence the State preferred an appeal against the order of acquittal to the High Court. This appeal was allowed and the High Court set aside the order of acquittal and convicted the appel- lant of the offence under section 302 and sentenced him to suffer im- prisonment for life. The appellant, thereupon, preferred a petition for special leave to appeal to this Court and special leave was granted to him on 28th February, 1974. The appellant filed an application for bail pending the hearing of the appeal, but 'the application was dismis- sed on 10th January, 1975. Since the appea~ did not reach hearing for a long time, the appellant preferred another application for bail and that is the application which is now being disposed of by
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