The Delhi High Court has strongly criticised the 13-year delay in securing the custody of a murder convict whose appeal had been dismissed in 2012, calling it a “serious systemic failure” and warning that such lapses corrode the credibility of the criminal justice system. The Court passed a series of directions to prevent similar delays in future.
A murder convict, sentenced to life imprisonment in January 2009, was granted interim bail in December 2010 for two months while his appeal was pending before the Delhi High Court. However, he failed to surrender after the expiry of the bail period. The High Court subsequently dismissed his appeal in 2012, but he remained at large.
It was only on October 13, 2025—13 years later—that he was finally arrested and sent to prison to serve the remainder of his sentence.
A Division Bench of Justices Navin Chawla and Ravinder Dudeja took “serious note” of the extraordinary delay, stating in the order dated January 27:
“This court takes serious note of the extraordinary delay of about 13 years in securing the custody of the appellant, whose appeal had already been dismissed. It indicates the deficiencies in the post-conviction/bail follow-up and lack of coordination amongst the trial court, jail administration and police. Such an unusual delay portrays a serious systemic failure in ensuring enforcement of judicial orders. Such episodes corrode the credibility of the criminal justice system.”
The bench remarked that the appellant had “continued to enjoy the fruit of liberty” for over a decade due to lack of follow-up after his interim bail and appeal dismissal.
To plug such gaps, the Court laid down a framework of coordinated responsibilities:
- Communication of Orders:
When an order granting interim bail or suspending sentence is passed, the High Court Registry must immediately inform the trial court, jail superintendent, and the concerned police station. - Fixing Date of Surrender:
If the sentence is suspended for a limited period, the trial court must record the date on which the convict is to surrender after accepting the bail bond. - Jail Superintendent’s Role:
It will be the duty of the jail superintendent to inform the trial court whether the convict has surrendered on the due date. - Trial Court’s Power to Act:
If the convict does not surrender on time and there is no extension of bail or sentence suspension, the trial court must initiate appropriate legal action to ensure the convict is arrested and sent to prison. - Post-Appeal Dismissal Cases:
Where the appeal of a convict on bail is dismissed, or where an acquittal is overturned, the jail superintendent must inform the trial court about the surrender status. The trial court must then act to ensure enforcement of the sentence.
The Court’s intervention serves as a cautionary reminder on the importance of systemic coordination and accountability to uphold the rule of law and ensure that judicial decisions are effectively implemented.
