DHARAM PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide order dated September 8, 1999, we had granted bail to the accused-appellant. We now give detailed reasons for doing so and also make an attempt to frame certain guidelines for the grant of bail where appeals against conviction filed in the High Court by those who stand convicted for life and which cannot be heard with reasonable expedition should be deal with. While issuing notice on the bail application, we had invited all Counsels, who wished to assist us, to address us on the question posed.

(2.) Mr. R.S. Ghai, Sr. Advocate, the appellant's Counsel in this case, Mr. P.S. Mann, Mr. R.S. Cheema, Sr. Advocates and Mr. R.T.P.S. Tulsi, Advocate, had appeared before us to project the point of view of the prisoners whereas Mr. Ram Avtar and Mr. S.S. Randhawa, Addl. Advocate General, Haryana and Deputy Advocate General, Punjab respectively, had put in appearance on behalf of their respective States.

(3.) The delay in disposal of criminal appeals pending in the High Courts is a matter of serious concern to all those involved in the administration of criminal justice but whereas the Administrators have an undoubted (albeit an impersonal concern) the persons widely affected by the delay are the prisoners themselves despairing of the fact that their appeals are not being heard within a reasonable time. The plight of such persons can well be imagined. The appellant in the present case, a young student 24 years of age 6 years ago, was arrested on a charge of murder on 29.7.1993. The allegation against him was that he has caused one injury with a knife on the person of the deceased, which proved to be fatal. He was convicted of the charge by the Sessions Judge, Ambala on 12.4.1996. He filed an appeal in this Court on 31.5.1996 alongwith an application for bail and though the appeal was admitted, bail was declined on 3.12.1996. A second bail application was also dismissed on 7.2.1997. The present application is the third one. This application has been allowed for the reasons that follow and in the background of what has been stated above, after he has been in custody for more than six years.