SUNIL KUMAR SINHA Vs. STATE OF BIHAR
SUPREME COURT OF INDIA
SUNIL KUMAR SINHA
STATE OF BIHAR
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(1.)LEAVE granted. Heard learned counsel for the parties.
(2.)IN the instant case, during the trial for an offence alleged to have been committed under S.302 IPC, Dinesh Singh, the respondent, was on bail. He was convicted by the
Sessions Judge by order dated 1-10-1999 and thereafter, he was in custody. His
application for bail was rejected by the High Court thrice, but, on further application
being filed, the High Court directed that he should be released on bail, inter alia on the
ground that there was no chance of the appeal being taken in the near future.
With respect we deem it to be a highly improper approach to the point in issue. After a full - fledged trial, Dinesh Singh was convicted and sentenced under S.302 IPC to
undergo life imprisonment. It is open to the High Court to say which facts were such
that merited Dinesh Singh getting bail. But, merely because the High Court is unable to
hear the case in the near future would be no ground, by itself, for releasing the accused
who has not even been in custody for three years.
(3.)WHILE allowing this appeal and setting aside the impugned order, we would like to impress upon the High Court to take up those appeals which are pending under S.302
IPC, especially those where the accused are not on bail, on priority basis and dispose
of them as expeditiously as possible. It will be open to the accused in this case to apply
to the High Court for bail on merit at a later date, which it goes without saying shall be
considered in accordance with law.
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