NEW DELHI: The Supreme Court has said it would be a “travesty of justice” if a convict completes a fixed-term jail sentence while their appeal remains pending. In such cases, bail should be granted unless exceptional circumstances exist; if bail is not possible, the appeal must be heard swiftly.
A bench of Justices J B Pardiwala and R Mahadevan criticised the Allahabad High Court for denying bail in violation of established legal principles. The case involved a 2024 appeal unlikely to be heard soon, with the convict facing four years in jail.
Citing its 1999 ruling in Bhagwan Rama Shinde Gosai vs State of Gujarat, the SC said suspension of sentence in fixed-term cases should be considered liberally, unlike in life sentences or where statutory restrictions apply. The court set aside the HC’s order and sent the case back for reconsideration.
