HC grants bail to man after nine years in jail, citing SC precedent

Soumyadip Mullick, MP, 30 Sept 2024, KOLKATA: Relying on Supreme Court’s judgement in Kashmira Singh vs State of Punjab, Calcutta High Court has granted bail to a man whose appeal was pending against the trial court’s conviction order and sentence of life imprisonment where he has already spent nine years in jail. 

The Bench of Justice Arijit Banerjee and Justice Apurba Sinha Roy was moved with an application for suspension of sentence and grant of bail pending disposal of the appeal by the petitioner who was convicted by the trial court in 2015 for murder. 

Along with imprisonment, he was directed to pay a fine of Rs 10,000. However, in 2015, a coordinate bench, while admitting his appeal, stayed the realisation of fine and had granted him liberty to apply for bail upon notice to the state. 

The appellant relied on SC judgement in Kashmira Singh case where the apex court said that although the practice of not releasing a person on bail sentenced to life imprisonment for murder is prevalent in both the apex and high courts, it observed that “no practice, howsoever sanctified by usage and hallowed by time can be allowed to prevail if it operates to cause injustice”. 

The apex court had further observed: “The rationale of this practice can have no application where the Court is not in a position to dispose of the appeal for five or six years. 

It would indeed be a travesty of 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.” 

Taking note that the appeal is pending for nine years and the petitioner was incarcerated for this entire period, HC observed there is little possibility of the appeal being disposed of on an early date. 

The petitioner was thus granted bail, noting that he did not misuse the privilege of bail throughout the trial. Setting the bail bond at Rs 10,000, the court directed the accused not to leave Nadia district without the court’s permission and to furnish his address to the I.C. Krishnagar Police Station whom he has to meet once a month. 

“The operation of the impugned judgment of conviction and sentence is stayed until further order.” 

 https://www.millenniumpost.in/bengal/mamata-jabs-centre-for-north-bengal-flood-situation-581510?infinitescroll=1