The Supreme Court of India has stepped in to grant bail to a murder convict who has spent more than two decades behind bars, calling out a “disturbing” Orissa High Court order that had dismissed the man’s appeal solely due to a filing delay.
In a significant intervention, a bench comprising Justices J B Pardiwala and Ujjal Bhuyan criticized the High Court’s rigid approach, noting that the judiciary should have taken a “practical and sympathetic” view of the case. The convict had been seeking to challenge his life sentence, but his appeal was junked by the High Court because it was filed 3,157 days past the deadline.
The apex court observed that the petitioner has been undergoing his sentence for the past 22 years without being released even once on parole or furlough. Given the extraordinary length of time already served, the bench determined that sending the matter back to the High Court for a merit-based hearing would now be a “futile exercise.”
“We are convinced that we should release the petitioner on bail in the peculiar facts and circumstances of this case,” the bench stated.
Invoking its extraordinary powers under Article 142 of the Constitution, the Supreme Court ordered the man’s release on a personal bond of $₹10,000$, to be executed to the satisfaction of the Jail Superintendent.
The case dates back to a trial in the court of the Additional Sessions Judge, Nabarangpur. The petitioner was found guilty under Sections 302 (murder) and 201 (causing disappearance of evidence) of the Indian Penal Code, 1860, and was subsequently sentenced to life imprisonment.
While the legal battle stalled in the High Court over the 3,157-day delay, the petitioner remained in custody. The Supreme Court highlighted that despite the gravity of the charges, the man’s jail conduct had been satisfactory throughout his 22-year incarceration.
Beyond granting bail, the Supreme Court took steps to ensure the petitioner has a path toward a permanent release. The bench directed the District Legal Services Authority (DLSA) in Koraput, Odisha, to assist the man in preparing a formal representation for the remission of his sentence.
This representation is to be evaluated based on the remission policy that was in place at the time the offence was committed.
The Registry has been instructed to fast-track the communication of this order to the Senior Superintendent of Circle Jail, Koraput, and the local District Legal Services Authority to ensure the petitioner is released and supported without further delay.
