The Supreme Court recently granted bail to a man accused of being involved in a dowry death after it was informed that his bail plea had been pending before the Jammu and Kashmir High Court without a decision.
A bench of Justice BR Gavai, Justice Rajesh Bindal and Justice Sandeep Mehta observed that the accused had been incarcerated in jail for almost eight years. The top court also took into consideration the poor pace at which the criminal trial against him was proceeding.
Subsequently, it proceeded to grant him bail despite the pendency of his bail plea before the High Court.
The apex court remarked that the petitioner has been incarcerated in jail for a period of almost eight years. It added that taking into consideration the fact and the speed at which the trial is proceeding, they are inclined to grant bail in spite of the pendency of the matter before the High Court. The bail applicant had moved the Supreme Court with a grievance that his bail plea had been pending before the High Court for over six months without a decision.
During the first hearing by the top court, it was informed that the bail plea had been pending before the High Court since May 2023. Following the Supreme Court on January 30, 2024 had directed the High Court to decide on the bail plea as soon as possible.
In its January 30 order, the court stated that they fail to appreciate the speed at which the High Court is dealing in the matter pertaining to the personal liberty of a citizen. It added that the bail matter ought to be decided as expeditiously as possible.
Nonetheless, the bail plea remained pending before the High Court. The matter was listed before the High Court on February 23 but it could not be taken up due to paucity of time and was adjourned. Considering this, the Supreme Court proceeded to decide on the bail plea and allowed the accused man’s release on bail.