In a significant legal development, the High Court has issued a landmark decision regarding the granting of bail during the appeal process. The court’s thorough legal analysis and directives regarding expediting the appeal proceedings set a new standard for ensuring timely justice. This decision not only impacts the current case but also serves as a precedent for future similar situations where the court’s emphasis on a time-bound process and cooperation from all parties involved is highlighted.
Facts
- The appellant accused has been granted interim bail during the pendency and final disposal of the appeal before the High Court.
- The present appeal has been preferred by the appellant accused.
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Arguments
- The High Court refused to suspend the sentence and release the appellant on bail during the pendency of the appeal due to serious charges and nature of evidence.
- The respondent’s counsel, Ms. Swati Ghildiyal, argued that the High Court was prepared to expedite the appeals for final disposal, but the appellant and other co-accused were not ready for the hearing.
- The appellant should not complain about delay in hearing the appeal as the High Court was willing to proceed.
- The appellant, a lady convicted with her husband for possession of disproportionate assets, is serving a 2 years and 9 months sentence.
- The appeals by the appellant and co-accused are not expected to be heard soon, leading to the request for interim bail during appeal.
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Analysis
- The appellant, a lady accused, has already served 2 years and 9 months of her sentence.
- The appellant is granted bail during the appeal process with conditions set by the Trial Court.
- The High Court will expedite the hearing and disposal of the appeals filed by the appellant and other co-accused.
- The Registry has been directed to notify the appeals before the appropriate Bench within two weeks.
- The High Court is instructed to decide and dispose of the appeals at the earliest and within a time-bound period.
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Decision
- The present appeal is allowed with specific limitations in benefit and citation as precedent.
- The Registry of the High Court is directed to notify and expedite the appeal process within six months for Criminal Appeal No. 326 of 2020 to Criminal Appeal No. 328 of 2020.
- All accused and appellants are instructed to cooperate in the speedy disposal of the appeals.
- The appellant is granted bail during the pendency of Criminal Appeal No. 328 of 2020, subject to conditions set by the Trial court.
- The judgement allows the appeal based on the appellant being a lady accused who has already served 2 years and 9 months of the sentence.
- Any attempts to impede the prompt hearing of the appeals will be taken seriously.
Case Title: MENON EKKA @ MENON UJJANA EKKA Vs. UNION OF INDIA (2022 INSC 1091)
Case Number: Crl.A. No.-001744-001744 / 2022
