Grant of Bail, pending appeal before the High court: Apex Court says such bail should be granted to the satisfaction of the Trial court and accused claiming bail should be released as such
Criminal Appeal No. 532 of 2016
Bench: Justice Abhay Manohar Sapre; Justice Ashok Bhushan
Case Brief: In the present matter, an appeal was brought challenging the order passed by the Division Bench of the High Court, wherein that Court had dismissed the bail application in the pending appeal against the judgement of the Trial Court. In the facts of the case, the appellant here is the daughter of the deceased for whose murder, appellant along with her father and mother were prosecuted and thereafter convicted by the Trial Court and they were sentenced to suffer life imprisonment. Feeling aggrieved all the convicted accused persons had preferred appeal against the judgment of the Trial Court, before the concerned High Court. While pending appeal, the concerned application for the grant of bail was filed by the appellant here, in particular she claimed suspension of her jail sentence. However, this application was rejected by the impugned order.
Now this bench observed after having regard to the totality of the facts and circumstances in the case, that the said facts need not be explained in this judgement in detail. However, the bench decided directly to deal with the main issue, i.e. the grant of bail during the pendency of the appeal before the High court. Here, the bench held that the appellant should be released on bail during the said pendency of the appeal. As such, this bench decided to direct that the appellant should be released on bail to the satisfaction of the Trial Court during the pendency of her appeal in the criminal case. Having held so, the bench as such decided to finally disposed of this matter. As such, the bench allowed the appeal, after making such observations in the matter. Also, the bench further stated that the order passed by the High Court, which was in issue here in this case, was stand set aside. Also any similar application, as per this bench, if pending before this court, should be considered as disposed of.
Read the Judgement: Pragna Paramita Praharaj Vs. State of Orissa