AI Structured Summary
Not yet generated for this judgment
Judgment
Leave granted.
Heard learned senior counsel, Mr. R.K. Jain appearing for the appellant and Mr. N.N. Goswami and Mr. K.T.S. Tulsi appearing for the respondent.
The appellant has been convicted u/s 302/34, I.P.C. and has been sentenced for life. He is more than 70 years' old and he is already in custody for more than 7-1/2 years. In the High Court, a prayer for suspension of sentence was made but the learned Judges examining the gravity of the offence and prima facie merit of the case, were not; inclined to suspend the sentence by their order dated 20th January, 1998 and on the other hand granted liberty to the accused for praying for early hearing of the ap peal. Though six months have expired since then and knowing the workload in the Delhi High Court, it is not possible to visualise that the appeal will be heard in near future, the appeal being of 1997. Taking into account the age of the appellant and that he is in custody for more than 7-1/2 years, we think in the interest of justice to release the appellant on bail in the sum of Rs. 50,000/- with two sureties of the like amount to the satisfaction of Chief Metropolitan Magistrate, Delhi. We further direct that the appellant shall remain outside the Municipal limits of NCT, until the appeal is disposed of and shall intimate his address where he is going to stay to the Metropolitan Magistrate, Delhi and further should report once every week to the local police station under whose jurisdiction he will stay and any violation of these directions would entail cancellation of bail. In the event of some occasion, the appellant requires to enter the Municipal limits of NCT, he should move the High Court of Delhi for permission and only on being permitted, he can do so.
The appeal is allowed in these terms.