Thread by @barandbench

Justice SK Kaul led bench of #SupremeCourt to hear the case regarding parameters/ guidelines to be laid down to aid Allahabad HC in deciding bail applications for accused who have either completed sentence or spent a considerable period of time in jail #bail #allahabadhighcourt

Sr Adv Viraj Datar: High Court has accepted the suggestions submitted

Justice Kaul: how many suggestions?

SC: we consider long incarcerations... but there is an aspect of remission for good conduct

Datar: it is already included. here there is yearly remission for good conduct. informative rehabilitative theory is followed and not the punitive theory

Justice Kaul: Even in a reformative methodology, only the side of the perpetrator and not the side of the victim. then how do you restrict to approach the Supreme Court? this is too wide.. we can only say exhaust the remedies.

Adv Yashvardhan for the HC: we accept the suggestions of AAG

SC: Thats fine.. how much mind has been applied to it. one is appeal pending what will happen to bails... when sentence is completed then whether remission will be considered or not

SC: How much does it take to list a bail matter?

Justice MM Sundresh: Mr Yashvardhan this will impact your court. these applications can't be kept pending for long.. this will be directly hitting article 21

SC: If the submissions of AAG is accepted the process will become more cumbersome, It is the perspective of the state and this cannot become the perspective of the institution.

#supremecourt

SC: Suggestions are too wide and mind has not been applied while accepting the same

SC: Affidavit has been filed by the HC accepting suggestions by the govt. if we pruse the suggestions it will make exercise of grant of bail more cumbersone,

SC: if an appeal is pending at hc stage and the convict has undergone 8 years of sentence exceptions apart in most cases bail will be the rule. despite the cases don't come up for consideration. we are not clear how much time is taken for such bail matters to be listed.

SC: there may be convicts who don't have access to legal aid to move bail applications. HC thus must explore all cases where convicts have undergone sentence of 8 years can be considered for grant of bail

SC: we are also conscious of scenario when appeal comes up for hearing when appellant seeks adjournment rather than arguing the case. that case would certainly not warrant grant of bail
#supremcourt

SC: We agree that the convict must approach the HC first so that SC is not unnecessarily burdened. But in such cases it has to be seen that bail applications are listed promptly.

SC: In view of our broad observations, HC has to place before us how such cases would be taken up for consideration of grant of bail.

SC: We note that there may be convicts in custody in life sentence cases and in such cases when 50 percent of sentence is undergone it can be the basis of grant of bail. we grant 4 weeks to High Court to place before us the policy in this regard.

SC: It should be seen that the current bail applications before us is promptly placed before the high court so that the applications are heard. For further examination of this problem, a suo motu case can be registered before the court for further directions.

BREAKING: SC: We direct the registry to register suo motu proceedings in this regard and place it before the court on November 16. The other petitions listed before us for bail shall be transferred to HC.