๐ฆ๐๐ฝ๐ฟ๐ฒ๐บ๐ฒ ๐๐ผ๐๐ฟ๐ ๐๐ถ๐ฟ๐ฒ๐ฐ๐๐ ๐ฃ๐ฟ๐ถ๐ผ๐ฟ๐ถ๐๐ถ๐๐ฎ๐๐ถ๐ผ๐ป ๐ผ๐ณ ๐๐ฟ๐ถ๐บ๐ถ๐ป๐ฎ๐น ๐๐ฝ๐ฝ๐ฒ๐ฎ๐น๐ ๐ณ๐ผ๐ฟ ๐๐น๐ฑ๐ฒ๐ฟ๐น๐ ๐๐ฐ๐ฐ๐๐๐ฒ๐ฑ ๐ผ๐ป ๐๐ฎ๐ถ๐น
The Supreme Court has directed High Courts to give adequate priority to criminal appeals where the accused are on bail, especially in cases involving elderly individuals and long-pending matters.
The Court observed that while High Courts typically prioritise appeals of convicts in prison, appeals of those on bail—particularly when a life sentence is involved—should not be indefinitely delayed. If such appeals are dismissed after many years, sending the aged accused back to prison becomes difficult and unjust.
This observation came while deciding a case from Madhya Pradesh, where the High Court had converted a conviction under Section 302 IPC (murder) to Section 304 IPC (culpable homicide not amounting to murder), sentencing the accused to the time they had already served. One of the accused was over 80 years old, and others were in their seventies. The crime had occurred nearly 36 years ago.
The bench, comprising Justices Abhay S Oka, Ahsanuddin Amanullah, and A G Masih, acknowledged the massive pendency of criminal appeals in major High Courts and stressed the need for a balanced approach. They highlighted that appeals of elderly convicts on bail, especially in very old cases, must also be taken up for hearing.
The judgment highlights the importance of timely adjudication and equitable treatment, considering the age of the accused and the elapsed time since the offence.
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