Judgment Intelligence
Bail GrantedSmt. Akhtari Bi v. State of M.P.
Criminal Appeal No. 320 of 2001; cited as (2001) 4 SCC 355
- Court
- Supreme Court of India
- Date of Decision
- 22 March 2001
- Bench
- Justices K.T. Thomas and R.P. Sethi
- Relevant Acts & Sections
- Constitution of India — Article 21; Code of Criminal Procedure, 1973 (suspension of sentence and bail pending appeal)
Final Outcome
The appeal was allowed and the impugned order set aside; the conviction and sentence were kept in abeyance and the appellant was to be released on bail on a personal bond with two sureties to the trial court's satisfaction (para 6).
Key holdings
- Prolonged delay in deciding trials and appeals, for no fault of the accused, gives the accused a right to apply for bail (para 4).
- High Courts should dispose of criminal appeals, especially of jailed convicts, within a period not exceeding five years (para 4).
- If an appeal is not decided within five years for no fault of the convict, bail may be granted, excluding time for preparing the record and delay attributable to the convict (para 4).
- Age, infirmity and the welfare of a dependent child were taken into account in suspending the sentence, without comment on the merits (para 5).
Brief Facts
The appellant was sentenced to life imprisonment on 27 February 1997 for the murder of her daughter-in-law; her appeal in the Madhya Pradesh High Court had not been listed, and the High Court rejected her plea for bail on grounds of infirmity and old age (para 1). On a report called for by the Supreme Court, the High Court's Registrar said that criminal appeals of 1989 and 1990 were then being heard and her appeal was unlikely to be heard in the near future unless early hearing was allowed (para 2).
Court's Findings
Even an application for early hearing gave no assurance of an early hearing (para 3). Prolonged delay in disposing of trials and appeals, "for no fault of the accused, confers a right upon him to apply for bail" (para 4). Since an appeal is a statutory right, the trial is deemed to continue during its pendency (para 4). High Courts must find ways to dispose of criminal appeals, particularly of jailed accused, within a period not exceeding five years; if an appeal is not decided within five years for no fault of the convict, the convict may be released on bail on suitable conditions, excluding time for preparing the record and delay attributable to the convict or the defence, though special circumstances may still justify refusal (para 4). Without commenting on the merits, the Court considered her age and infirmity, and that a grandchild she had cared for in jail until he turned three would otherwise be deprived of her care (para 5).
Legal Principle
Speedy justice is a fundamental right under Article 21. Where a criminal appeal is not decided within five years for no fault of the convict, the convict may be released on bail pending appeal, after excluding delay attributable to the convict, unless special circumstances justify refusal (para 4).
