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Synopsis

The Supreme Court has remarked that bail to a convict cannot be granted merely on the ground that hearing of appeal would take time.

While emphasizing this stance, top court has also stressed on the need for High Court to show reflection of mind in such cases.

A bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia has accordingly set aside an Allahabad High Court order, granting bail to a murder convict only upon the ground that it would take time to decide upon the appeal in the case.

"In our view, this ground itself could not form the basis of the bail order considering the period undergone. We are conscious of the fact that the detailed judgment is not to be pronounced in a bail matter but some reflection of the mind of the Court is necessary, however brief it may be. That is completely absent," the bench said.

The court was hearing a plea filed by Kushal Pal Singh challenging validity of the High Court's order of July 21, 2022.

After hearing the parties, the bench said, "We find from the reading of the impugned order that the bail has been granted only on the premise that the hearing of the appeal in the near future is not possible. Prior to that the only contentions of the two sides are noted. The accused has been in custody for only four years and three months in a conviction under Section 302 IPC."

We set aside the impugned order and remit the matter for consideration by the High court in accordance with the norms for grant of bail reflecting a brief reason why the bail is granted or rejected, the bench has ordered.

Noting that the convict was out on bail, the bench added, "We hope that the High Court will bestow early consideration in the matter. We grant permission to the said respondent to continue on bail till the matter is decided by the High Court."

Case Title: KUSHAL PAL SINGH vs. THE STATE OF UTTAR PRADESH & ANR.