HC declines to grant bail on ground of period of detention in jail

Allahabad, Oct 21 (UNI) The Allahabad High Court has held that bail cannot be granted merely on the basis of the period of detention in jail.

In his separate judgement, Justice Vijay Kumar Verma, a judge of the division bench comprising Mr Verma along with Justices B A Zaidi, has directed that the period of detention in jail prior to and after conviction could not be the sole ground for bail without looking into the merits of the case and nature of the offence.

The counsel for Anees, the petitioner contended that the appeal was not likely to be heard within next 100 years and the appellant could not be detained in jail till his death and hence deserved bail.

Disagreeing with the contention, the High Court said in heinous crime like murder, the appellants could not be released on bail on the ground that due to the pendency of a large number of appeals in the High Court, the hearing would take more than 100 years.

Anees was convicted and sentenced under section 302 of the IPC on the charge of committing murder by the Pilibhit District Court. He later challenged his conviction and filed petition in the High Court by means of criminal appeal, in which prayer for bail was made.

The High Court observed that an act or omission made punishable by any law for the time being in force was not only an offence committed in relation to the person, who suffers harm but was also an offence against the society.

The bench declined to release the accused on bail. However, the hearing of the appeal was expedited.

UNI VCP SW GC1028