In accordance and consideration of the fact that there is a long pendency of criminal appeals in the High Court of Allahabad, the Supreme Court has been under the observation that the High Court needs to explore the granting of bail even to convicts who have already undergone 8 or more years of their respective sentences. The Court had also observed that granting bail is a rule in cases where the convict has already undergone 8 years of the actual sentence.
A particularly broad parameter of fifty per cent of the sentence undergone is possible in cases other than those of life sentences for the grant of bail to convicts considering appeals. Taking into consideration that there might be even convicts who are in custody in some cases different than a life sentence, the bench said that in such cases the High Court could to an extent consider granting bail due to fifty per cent of the sentence already undergone.
The bench also acknowledged that there might be a scenario wherein if an appeal comes up for hearing, the appellant just might be seeking adjournment instead of arguing the appeal. There might not even be a case for grant of bail in the first place, as the High Court is willing to bestow upon convicts such consideration solely on the merits of the appeal.
