SAUDAN SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) An affidavit has been filed by the High Court of Judicature at Allahabad that it is in agreement with the suggestions/ proposals listed as criteria for bail by the Government.

(2.) If we peruse the said suggestions, in our view, it will make the exercise of grant of bail even more cumbersome. The fact of the matter is that if an appeal is pending at the High Court stage and the convict has already undergone eight years of actual sentence, exceptions apart, in most cases bail would be the rule. Despite this the cases are not coming up for consideration. We are not clear as to how much time does it take for a bail application to be listed in such a case. There may be convicts who may not be able to have the requisite access to legal advice for moving the bail application. The High Court must explore whether in all cases where convicts have undergone a sentence of actual eight years, the convicts can be considered for grant of bail.

(3.) In these suggestions, there are some exceptions sought to be carved out which have been extracted as under:-