- (1.) S. N. Saxena, J. Heard the learned counsel for the appellant and the learned A. G. A.
(2.) THE appellant was convicted and sentenced under Section 302, IPC to undergo imprisonment for life and he was also convicted and sentenced for borne other offences as well for different periods on 31-3- 1982. He, there after, preferred an appeal before this court and challenged his said con viction and sentences which was admitted by this court on 1-6-1982. His application for release on bail was rejected on 5-10-1982. He since then is behind the bars and the appeal unfortunately is pending decision before this court and may take a few years more. THE appellant, therefore, has moved the present bail application which is his second bail application for release on bail on the sole ground of delay in the decision of his appeal. He, already, has undergone imprisonment for about 12 years. The prayer for his release on bail has been opposed. Learned counsel for the appellant has relied upon a decision of Hon'ble Supreme Court reported in AIR 1978 SC 507-Babu Singh v. State of U. P. , to support his argument that the appellant, due to inordinate delay in the decision of his appeal was entitled for release on bail. After going through the said decision of the Hon'ble Supreme Court, I am of the opinion that his prayer for release on bail is reasonable and liable to be allowed. Learned counsel for the appellant has relied upon another decision of the Hon'ble Supreme Court reported in AIR 1977 SC 2147-Kashimira Singh, v. State Punjab, which also supported his contention that due to inordinate delay in the decision of his appeal, the appellant was entitled for release on bail. It would be useful to reproduce the following observations of the Hon'ble Supreme Court from the aforesaid Kashimira Singh's case: "would it be just at all for the court to tell a person: We have admitted your appeal because we think you have andprima facie case but unfortunately we have no time to hear your appeal and you must remain in jail even though you may be innocent ? What confidence would such administration of Justice inspire in the mind of the public ?"
(3.) IN view of the above discussion, the bail application is liable to be allowed. The bail application is allowed subject to the appellant furnishing a personal bond and two sureties all in the like amount, to the satisfaction of the C. J. M. , Jhansi. Appeal allowed. .;