KOLA CHINNAIAH Vs. STATE OF A P

JUDGEMENT

(1.) Heard Sri Upendra Reddy representing Sri M. Subba Reddy, learned counsel representing the appellant/accused and the learned Additional Public Prosecutor, Sri Md.Osman Saheed.

(2.) This is a case where bail was declined by this Court as far as back in the year 1998, and since then the accused is languishing in jail. The matter is coming up for final hearing to-day. The journey from Machanderv. State of Hyderabad, Hussainara Khotoon v. Home Secretary, State of Bihar, Patna State of Maharashtra v. Champalal Punjaji Shah, T. V. Vatheeswaran v. State of T.N., Sheela Barse v. Union of India, Abdul Rehman Antulay v. R.S. Nayak, would reflect the settled position that the speedy trial would include speedy disposal of the appeals as well. When liberty of the accused/convict is curtailed by keeping him behind bars due to operation of law, such person is entitled to fundamental rights inclusive of Article 21 of the Constitution of India. There cannot be any doubt that the constitutional right of speedy trial would include in its sweep early disposal of the criminal appeals as well in general, and more so, in appeals against conviction and particularly in cases where the Court refused to enlarge them on bail and those who are unable to be put out of fetters of law though such orders are made, due to certain reasons. More often than not, experience shows that in several criminal appeals, accused would have completed the period of sentence even during the pendency of appeal or almost the sentence would be coming to an end by the time the criminal appeals are taken up for hearing. It is needless to say that though certain appeals are being allowed, the fact remains that the accused have been in jail for want of bail or for other akin reasons. Time and again, Courts have been laying specific guidelines, which are observed more in breach than in compliance, Reasons may be numerous, and one may be absence of nexus of strength of judges and pending cases.

(3.) Judge is accountable to pubic. Personal views of judge may have to yield to judicial discipline, propriety and institutional discipline and independence as well. This is all more necessary to safeguard and maintain independence of judiciary. Judicial accountability is one of the important facets of independent judiciary.