To have a speedy justice was a fundamental right, which Followes from Article
21,of the constitution. Prolonged delay in disposal of the trials, and there
after appeals in criminal cases, for no fault of the accused,confers a right upon
him to apply for bail. Appeal being a statutory right
The trials court s Verdict, does not attain finality during pendency of appeals
for that purpose his trial from the existing strength of the High Courts huge
vacancies, are not being filled up, with the result that the accused in criminal
cases, are languishing in jail, for no fault of others. In the absence of prompt
action under the constitution, to fill up the vacancies.
It was incumbent upon the High Court, to find way s and means, by taking steps to
ensure the disposal of criminal appeals, particularly such appeals where the
accused-in Jails, that the matters are disposed of within the specified period,
not exceeding 5 years in any case. If an appeal is not disposed of within the
aforesaid period of 5 years, for no fault of the convicts.
Such convict s may be released on bail on such conditions as may be deemed fit,
and proper, by the court. In computing the period of 5 years, the delay for any
period, ,which was requisite in preparation, of the said record and the delay
attributable, to the convicts or his counsel, can be deducted.
There may be
cases where even after 5 years lapses, the convicts may ,under the special
circumstances, of the case, be held not entitled to bail, pending the disposal
of the appeal s filed by them.
Akhtari B vs State of MP, 2001,cri,LJ1727 at 1729(SC)
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