No bail for those convicted for murder, dacoity

No person who is convicted of offences like dacoity, murder for gain, kidnapping for ransom and killing of public servants, the offences falling under the National Security Act and those pertaining to

Published: 11th December 2017 04:21 AM  |   Last Updated: 11th December 2017 07:38 AM   |  A+A-

Express News Service

HYDERABAD: No person who is convicted of offences like dacoity, murder for gain, kidnapping for ransom and killing of public servants, the offences falling under the National Security Act and those pertaining to narcotic drugs is entitled to be released on bail despite their satisfying the criteria of the Supreme Court in Kashmira Singh’s case. However, a person who is convicted for life and whose appeal is pending before a High Court is entitled to apply for bail after he has undergone imprisonment for a minimum period of five years following his conviction.

Dealing with a miscellaneous application for bail filed by nine appellants in an appeal pending before the High Court, a division bench comprising justices CV Nagarjuna Reddy and MSK Jaiswal of the Hyderabad High Court have found that the appellants, who are life convicts, have been undergoing imprisonment for over five years and  felt that it is wholly unjust to incarcerate the life convicts (appellants) for several years on the ground of pendency of criminal appeals before the court.

The Supreme Court, in Kashmira Singh’s case, observed that it would be a travesty of justice if the life convicts were allowed to be incarcerated beyond a reasonable period in expectation of disposal of their appeals in future, the bench said.

Taking into consideration the suggestions made by the public prosecutors appearing for AP and Telangana states, the bench has evolved broad criteria on which the applications for grant of bail pending the criminal appeals filed against the conviction for the offences, including the one under Section 302 IPC (punishment for murder), are to be considered. Accordingly, the bench has evolved the criteria for bail, some of which are given below.

Legal view

1) A person who is convicted for life and whose appeal is pending before the court is entitled to apply for bail after he has undergone a minimum of five years’ imprisonment following his conviction;

2) grant of bail in favour of persons falling in Kashmira Singh’s case, subject to their good conduct in jail as reported by the respective jail superintendents;

3) the convicts will not be entitled to be released on bail despite their satisfying the criteria in Kashmira Singh’s case, if the offences are related to dacoity, murder for gain, kidnapping for ransom, killing of the public servants and so on; and

4) while granting bail, conditions have to be imposed viz., the appellants on bail must be present before the court at the time of hearing of criminal appeals and they must report in the respective police stations once in a month during the bail period. Applying the aforementioned criteria to the miscellaneous application, the bench has granted conditional bail to the applicants.

Kin of man shot in Chicago approach Home Minister for help

Hyderabad: The parents of Mohammed Akhbar of Hyderabad, who has been undergoing treatment at a hospital in Chicago after he was injured by a bullet, made a representation to Home Minister Naini Narsimha Reddy on Sunday, seeking his help.

“I seek the state government’s help in providing me visa on urgent basis. We need to visit Akhbar in Chicago urgently so that we can look after him. Besides helping us, we request the state government to take up the matter with the American government so that such attacks from goons on Indians could be avoided in future,” said Akhbar’s father, Mohammed Yousuf, in the letter addressed to Reddy.

Stay up to date on all the latest Telangana news with The New Indian Express App. Download now
(Get the news that matters from New Indian Express on WhatsApp. Click this link and hit 'Click to Subscribe'. Follow the instructions after that.)

Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp