The Supreme Court has directed a trial court to release a man, accused in a murder and an arms act case, noting that he has already undergone actual imprisonment for over 15 years.
A three-judge bench of Justice U U Lalit, Justice S Ravindra Bhat and Justice P S Narasimha noted that the appeal of the accused challenging his conviction is pending in Allahabad High Court for more than 12 years.
"By order dated February 14, 2022, after noticing that the appellant had already undergone actual imprisonment in excess of 15 years, the delay in preferring the petition was condoned and notice was issued."
The affidavit in reply filed on record accepts the fact that the actual imprisonment suffered by the appellant in the instant matter is in excess of 15 years, the bench said.
"In the circumstances, in our view, a case for relief under Section 389 of the Code is made out.
"We, therefore, allow this appeal and direct that the appellant be produced before the trial court within three days from today; and the trial court shall release the appellant on bail subject to such conditions as the trial court may deem appropriate to impose," it said.
The accused had approached the apex court under Section 389 of the Code of Criminal Procedure which grants liberty to an accused to approach the court for suspension of his sentence pending an appeal.
The man, in his appeal through advocate Alakh Alok Shrivastava, contended that he has been in jail for over 15 years.