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Court judgements broken down into the case type, how the decision played out, and the lesson worth remembering, with the full judgement available as a PDF.

Criminal LawSupreme Court of India

Shrikant Mishra v. The State of Uttar Pradesh

Special Leave Petition (Criminal) · 2018 INSC 1083Decided 20 Nov 2018
Special Leave Petition (Criminal) No. 8856 of 2018
Justice Kurian Joseph · Justice Deepak Gupta · Justice Hemant Gupta

Background

The appellant had been convicted under Section 302/34 of the Indian Penal Code (murder, with common intention) by the Additional Sessions Judge, Gonda, and sentenced to life imprisonment. His criminal appeal against that conviction had been pending before the Allahabad High Court, Lucknow Bench, for several years without being taken up for final hearing. He approached the Supreme Court seeking bail while that appeal remained pending.

Decision Breakdown

On an earlier hearing, the Supreme Court had directed the appellant to produce a Custody Certificate. That certificate showed he had already spent more than 11 years in actual custody, and considerably more with remission counted in. Given that his High Court appeal was still awaiting final hearing after all this time, the Court held that he should be released on bail during the pendency of that appeal, subject to rigorous conditions to be fixed by the trial court. The Supreme Court accordingly granted bail and disposed of the appeal before it (the bail petition itself), leaving the underlying criminal appeal to be decided by the High Court in due course.

Lesson Learnt

Prolonged pre-appeal incarceration, especially where an appeal has languished for years without a final hearing, is itself a strong ground for the Supreme Court to grant bail: the right to a timely hearing matters even for a convict already sentenced, not just an undertrial.

Shrikant Mishra v. The State of Uttar Pradesh – Legal Case Shots | LegalAware