The Uttar Pradesh government has submitted its suggestions before the Supreme Court on the parameters to be adopted by the Allahabad High Court while considering bail plea of accused persons in criminal cases which have been pending for a long period of time.
The suggestions were placed before a Bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy by Additional Advocate General (AAG) Garima Prashad
On 29 July, the top court had stated that it will lay down broad parameters or guidelines to aid the Allahabad High Court in deciding bail applications filed seeking relief on the ground of time spent in jail.
"The High Court of judicature at Allahabad and Lucknow have a long pendency of appeals. Thus, aspects such as period undergone, the heinousness of the crime, the age of the accused, the period taken in trial and whether the appellants are diligently prosecuting the appeals inter alia may be factors which may be material," the top court had said.
The Court was hearing a batch of 18 petitions, all seeking bail citing the time period already spent in prison by the petitioners.
AAG Prashad, appearing for the State of Uttar Pradesh, had then submitted that she will furnish a note suggesting the guidelines which can be adopted so that the High Court itself deals with these aspects for each case.
In the note submitted pursuant to that, the UP govt has laid down two broad criterion to be taken into account while considering bail plea:
- Total period of actual imprisonment undergone
- Period of pendency of Criminal Appeal.
Within such category the following considerations have been suggested:
- Heinous nature of Crime.
- Past conduct & criminal history - Bail Inquiry
- Deliberate delay in pursuing Appeal
- Appellant- Convict must approach the High Court at the first instance.
Finally, the report recommends laying down additional conditions such as personal appearance before the High Court.
As per the Court’s previous directions, the report was prepared by AAG Prashad in interaction with the standing counsel, Advocate Vishnu Shankar Jain and the Registrar of the High Court.
The matter will now be taken up for further hearing on August 25.