The Supreme Court in the case Suleman v. State of Uttar Pradesh observed and requested the Allahabad High Court of the pending applications from 22th April, 2022 and to decide in one go and to decide them by 25th July, Allahabad High Court to take up 350 bail applications of convicts incarcerated for 10 years.
the Bench had asked the Allahabad High Court to lay down some broad parameters that it can adopt while deciding bail applications and further the bench asked to tandem with the High Court to the UP Government to work in, a bail application for accused who have been in custody for 10-17 years have been dealt with in the State of UP, displeased by the manner in another matter.
The report disclosed that one Division Bench and at least one Single Judge Bench had been sitting throughout and for the concerned 25 days, at least two Division Benches and three Single Benches have been taking up criminal matters and further it was observed by the court that the Bench might not be correct regarding the submission of non-availability. A report was sought by the Bench in this regard that for the past 25 days there was no criminal Bench, in the Allahabad High Court, Lucknow Bench, available to hear matters in the previous occasion the bench was appraised.
Furthermore, the Bench asked the State Government to take a stand with respect to single offence cases pending for 10 years or more and all such convicts can be enlarged on bail the bench reckoned that unless there exist some special circumstances. Thereafter the bench stated that the cases which meet the criteria for remission ought to be considered by the State Government, irrespective of the status of the appeal and all such convicts can be enlarged on bail. With the view of the fact the matters are referred for remission after 14 years of actual incarceration and 20 years with remission in single offence cases
before the next date as the matters are directed to be taken up in one go, the bench directed for a closure to all these matters of bail and further the bench stated that if required these matters can also be dealt with by the Vacation Benches.
The Bench comprising of Justice Sanjay Kishan Kaul and the justice M.M. Sundresh observed the matters can be dealt with by the Vacation Benches of the High Court if required while considering the urgency in adjudication of the bail applications.
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