By- Rhytham Jain
On Wednesday, the Supreme court of India granted two weeks time period to the state of Uttar Pradesh and Allahabad High court to work on agreed directions that are to be made for laying down or establish the basic parameters while granting bails. A bench of Justice SK Kaul and BR Gavai also granted the high court liberty to issue any directions which it felts appropriate to meet the exigencies of the situation in the cases related to custody from 9 to 15 years. In this case, the council of state of Uttar Pradesh submitted before the honorable court that for issuing such directions they will sit with the High court. Taking note of the suggestions Justice SK Kaul said that it had been expected from Allahabad High Court and State of Uttar Pradesh to work with collaboration and mutual understanding and to work out on few directions which can be adopted by the Apex court also.
On asking for some suggested directions to the court you have again submitted us a note of 20 pages, which we did not expect, said Justice SK Kaul. Replying to this Additional Advocate general of Uttar Pradesh Garima Prasad asked for time to coordinate with the court to make some guidelines and directions to which the judge agreed. In the affidavit, Allahabad High Court had submitted before the supreme court that in those criminal cases where the final judgment or decision is pending for a long time, an assessment report of the victim should be taken into account for such serious and grave criminal offenses. They also suggested the preparation of a victim impact assessment report with the victim of the case where the accused have served the actual sentence in jail to examine the impact of bail grant to him. In the affidavit, the High court also submitted before the supreme court that there is a need for special benches to decided such long pending cases in criminal matters to give the accused the benefit of bail in a mechanical manner.
This matter started on 26 July 2021 where the supreme court had taken the view that the long pendency of criminal cases in Allahabad high court must be decided on various and broad parameters framed by the court. Such parameters include the period undergone of such heinous crime, age of the accused, the trial period, etc.
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