Bails may be granted to life convicts after undergoing 10 year period in jail, UP govt tells SC

Uttar Pradesh government on Monday suggested to the Supreme Court that bail pleas of life convicts, if they have undergone 10 years of jail term, and in other cases where half of the period of the maximum sentence awarded have been spent, can be considered by the Allahabad High Court.

The state government and the High Court have put caveats also and said that to ensure “public peace and the well-being of the society, life convicts who are hardened criminals, repeat offenders, kidnappers, in crimes related to massacre (three or more than three murders), habitual criminals, and fall in prohibited categories as per the U.P Jail Standing Policy - no bail should be granted.”

The state and the high court registry have given their suggestions to the top court in pursuance of an earlier order asking them to help it in laying down “broad parameters” for grant of bail by the high court itself to the convicts whose appeals are pending for longer periods.

In a 102-page document, a bench of justices S K Kaul and Hemant Gupta was apprised of the steps taken for ensuring speedy disposal of criminal appeals in the high court which is presently having 93 judges against the sanctioned strength of 160.

“As of August 2021, there are approximately 1,83,000 Criminal Appeals pending both at Lucknow Bench and Allahabad High Court,” it said, adding, “As of August 2021, there are 7,214 convicts in various jails across Uttar Pradesh who have already undergone more than 10 years of their conviction and their Criminal appeals are pending before the High Court.”

“Bail to be considered by the High Court in cases of such convicts who have already undergone a Total period of actual imprisonment as under: (i) In cases of life convicts - 10 years (ii) In other cases - where prisoner has undergone more than half of the period of the maximum sentence awarded,” it suggested.

In another suggestion, they said the period of pendency of criminal appeals could also be a relevant criterion for granting of bail by the high court.

“Criminal Appeals which have been pending for more than 7 years in the High Court and there appears no likelihood of any early hearing of the appeal particularly those undergoing a sentence of life imprisonment, can be a relevant criterion for consideration of Bail,” it said.

However, they also referred to the prohibited categories such as “hardened criminals, repeat offenders, kidnappers, in crimes related to massacre” who should not be granted bail and rather the hearing in their cases be fast-tracked.

It referred to the existing Uttar Pradesh Jail Standing Policy regarding premature release of prisoners sentenced to life imprisonment.

Female convicts, who are in jail for 14 years without remission and male counterparts, who are in there for 16 years without remission, can be considered for premature release in cases where life terms were imposed.

If convicts are suffering from major diseases then as per Jail Manual, they can be released on verification of their ailments, they said, adding that convicts above the age of 70 and 80 years can be considered for premature release if they have been in jails for 12 years and 10 years respectively without remission.

Convicts in the prohibited category, except those who are professional killers and have been found guilty of contract killing, can be released if they have served 20 years in prison without remission, they said.

Convicts in the prohibited category, except those who have escaped from jail or police custody and have been sentenced to life imprisonment in more than one criminal case, can be considered for premature release after serving 25 years in jail without remission.

“It may be further ordered that the appeals filed by such prisoners in which bail is denied should be accorded priority in hearing by the High Court,” the state and the high court’s registry have said. They said the past conduct and criminal history of the convicts needed to be inquired into and if prisoners who might pose a risk to the public cannot be granted bail pending appeal.

The factors such as the likelihood of the prisoner continuing to commit violent crimes if granted bail and the criminal past which demonstrates poor decision making or impulsive behaviour that has endangered others needed consideration while deciding bail pleas, they said, adding that an impartial inquiry into these aspects are needed.

“The Appellate Court must inquire as to whether the Appellant’s counsel has been ready to argue the Criminal Appeal or has been seeking adjournments,” it said, adding that the prisoner should have filed at least one Application for Early hearing of Appeal in the past one year," they said.

They said that “strenuous efforts” are being made to expedite hearing of criminal appeals and “more than 16,279 Criminal Appeals have been disposed of in the past five years and various Circulars are also being issued from time to time by the High Court.”

“Some Single & Division Benches can be nominated by the Allahabad High Court to dedicatedly hear only criminal appeals and a Priority list can be prepared considering the seriousness of crime, oldest matters, age of convict, period of sentence awarded, Bail refused cases, etc,” they said.

The top court was hearing 18 criminal appeals of the convicts in heinous offences seeking bail on the ground that they have spent seven or more years in jail and be granted bail as their appeals against the convictions are yet to be listed for regular hearing in the high court due to the long pendency.

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