Supreme Court seeks fresh HC hearing after convict flags unfair 20-year bail and reduced prison term

Supreme Court orders fresh High Court hearing after convict challenges 20-year bail and reduced prison term as unfair.

A man complained of “unfair treatment” after spending 20 years out on bail in a murder case, saying the lawyer who fought to reduce his life imprisonment to a five-year prison term was appointed by the Jharkhand High Court as amicus curiae behind his back.

A Bench headed by Justice Dipankar Datta, while sending the man’s appeal for a fresh hearing before the High Court, has said, in a recent judgment, that the case reminded them of the expression “give him an inch and he will ask for a mile”.

The man in question was sentenced to life imprisonment in the murder case by a trial court in November 2002. He appealed the decision in the Jharkhand High Court. His sentence was suspended during the pendency of the bail and he was subsequently granted bail.

For 20 years, the convict did not bother to follow up on his appeal as he enjoyed bail. His appeal was listed for hearing for two decades.

Finally, in November 2024, the case came up before a Division Bench of the High Court. However, none appeared for the convict despite the fact that the case was repeatedly called for hearing.

The High Court eventually appointed an amicus curiae, a lawyer of 15 years’ professional standing, to represent him. The amicus was able to prove that the blow which the convict gave the deceased was not intentional. This led the High Court to reduce the gravity of the charges from murder to culpable homicide not amounting to murder. The punishment of life sentence was reduced to a rigorous imprisonment for five years. The convict was directed to surrender. This turn of events prompted the convict to appeal the Supreme Court against the High Court decision.