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Kamal Vs. State of Haryana

Kamal Vs. State of Haryana

If the accused has served a considerable portion of the sentence in jail, they should be released on bail. It is unjust to detain the accused indefinitely, especially when the early conclusion of the trial is not feasible.

This is a case in which the appellant has been convicted u/s 304-B of the India Penal Code and sentenced to imprisonment for 7 years. It appears that so far the appellant has undergone imprisonment for about 2 years and four months. The High Court declined to grant bail pending disposal of the appeal before it. We are of the view that the bail should have been granted by the High Court, especially having regard to the fact that the appellant has already served a substantial period of the sentence. In the circumstances, we direct that the bail be granted to the appellant on conditions as may be imposed by the District and Sessions Judge, Faridabad.

Citation: (2004) 13 SCC 526

Shivendra Pratap Singh

Advocate

High Court Lucknow

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