Babu Lal And Others vs State
- Neutral2026:AHC:105286
Ratio decidendi
The rule this decision rests on
Where a criminal appeal is pending before an appellate court and there exists a remote possibility of the appeal being heard in the near future due to the court's heavy docket, bail may be granted to a convicted appellant during the pendency of appeal, even where the conviction is under serious offences such as sections 302 and 307 IPC.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Rupendra Kumar Mishra, Lakshman Singh, Pravesh Kumar, Priyavrat Tripathi, Rajat Agarwal, V.B. Rao, Virpratap Singh
Counsel for Respondent(s)
:
A.G.A., Ram Swaroop (Singh), Shivakant Singh
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE VINAI KUMAR DWIVEDI, J.
Order on Criminal Misc. Bail Application No. 3 of 2025
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.
This bail application has been moved on behalf of appellant-applicant, Babu Lal, praying to enlarge him on bail in Sessions Trial No. 483 of 1985, under Section- 302, 307 IPC, Police Station- Bisanda, District- Banda, during the pendency of this appeal.
The appellant was earlier granted bail on 04.06.1986. Due to default of is counsel, non-bailable warrant was issued against him by the coordinate Bench of this Court by the order dated 20.02.2025. Thereafter, appellant has been arrested ad sent to jail.
Counsel for the appellant submits that the appellant is aged about 70 years. The appeal is of the year 1986. On account of vacation, it is not possible for this court to hear the appeal.
Learned A.G.A. has vehemently opposed the prayer for bail of applicant-appellant but could not dispute the contentions of the learned counsel for the appellant.
After hearing the rival submissions and considering the fact that there are more than two hundreds criminal appeals being listed before this court per day and it is not humanly possible to decide all on merit. There is remote possibility of hearing of this appeal in near future hence prayer for grant of bail to the applicant is allowed, keeping in view of judgements of Apex Court in the cases of Anil Ari Vs. State of West Bengal, 2009 LawSuit(SC) 159.
Let the applicant-appellant convicted and sentenced in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned.
The sentence awarded to applicant-appellant shall also remain suspended during the pendency of this appeal.
Applicant-appellant shall not transfer, sell, alienate or create any charge on the immovable property in his name, while on bail save with leave of this court.
The appellant shall inform the change of address, if any, within ten days, failing which the State shall be at liberty to request for cancellation of his bail.
As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the concerned court to be kept on record.
The appellant-applicant is directed to deposit 50% of fine within a period of one month from the date of his release from jail. Remaining 50% of fine shall remain stayed till the pendency of criminal appeal.
It is made clear that in case, the fine is not deposited within the time as specified above, the same shall be recovered in accordance with law.
Order on Criminal Appeal
Office is directed to get the paper book prepared within six weeks, if not prepared.
List this appeal peremptorily on 08.07.2026.
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
May 7, 2026
Rohit
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