Supreme Court grants bail to Odisha convict after 22 years in prison

The Supreme Court has granted bail to a life convict from Odisha who has spent more than 22 years in prison, while sharply criticising the Orissa High Court for dismissing his criminal appeal solely on the ground of delay.

A Bench comprising justices J.B. Pardiwala and Ujjal Bhuyan described the High Court’s approach as “very disturbing” and observed that the appeal should have been heard on merits, particularly given the convict’s prolonged incarceration.

The apex court was hearing a special leave petition filed by Arjun Jani, also known as Tuntun, challenging a 11 January 2016, order of the Orissa High Court.

The High Court had refused to condone a delay of 3,157 days — nearly nine years — in filing his appeal against conviction in a murder case.

Jani had been convicted by the court of the Additional Sessions Judge in Odisha’s Nabarangpur district under Sections 302 and 201 of the Indian Penal Code and sentenced to life imprisonment on 25 August 2006.

While rejecting the appeal as time-barred, the High Court had stated that no “viable reason” had been provided to justify condoning the delay.

The Supreme Court, however, said the high court should have considered that the petitioner had already spent over 12 years in prison at the time of filing the appeal and that the matter had come before the court through a jail appeal.

“The high court ought to have taken a practical or sympathetic view and at least allowed the petitioner an opportunity to argue the appeal on merits,” the Bench observed.

The court further noted that Jani had now spent nearly 22 years in custody and had never been released even once on parole or furlough during this period.

During the hearing, counsel for the petitioner submitted a conduct certificate issued by the Senior Superintendent of Circle Jail, Koraput, stating that the prisoner’s behaviour had remained satisfactory throughout his incarceration and that no adverse remarks or disciplinary punishment had ever been recorded against him.

Taking into account the lengthy imprisonment and satisfactory prison conduct, the Supreme Court said it was convinced that the petitioner deserved to be released on bail in the exceptional circumstances of the case.

Invoking its powers under Article 142 of the Constitution, the court ordered Jani’s release on furnishing a personal bond of Rs 10,000 to the satisfaction of the jail authorities.

The Bench also directed the District Legal Services Authority in Koraput to assist the petitioner in preparing a representation seeking remission of sentence under the applicable remission policy.

The Supreme Court clarified that its decision was influenced by the extraordinary length of incarceration and the fact that the petitioner had not been granted temporary release even once in more than two decades.

The matter has been listed for compliance on 28 May.

With IANS inputs