Prioritize Criminal Appeals Of Elderly Accused On Bail, Especially When Crime Is Old: SC
📌 Supreme Court on Prioritizing Criminal Appeals of Elderly Accused on Bail (Especially When Crime is Old)
The Supreme Court of India has emphasized that criminal appeals of elderly accused who are already on bail should be prioritized and disposed of expeditiously, particularly when the alleged crime is quite old.
This principle arises from the right to speedy trial under Article 21 of the Constitution of India, which guarantees every person the right to life and personal liberty. Prolonged pendency of criminal appeals, especially for those who are already on bail and are advanced in age, amounts to a denial of justice.
⚖️ Legal Principles Involved
Right to Speedy Trial (Article 21)
The right to speedy trial includes not only a speedy investigation and trial but also a speedy disposal of appeals and revisions.
Long pendency of criminal appeals (sometimes spanning 10–20 years) defeats the very purpose of justice.
Humanitarian Consideration for Elderly Accused
Courts recognize that forcing elderly persons (often in their 60s, 70s, or above) to undergo prolonged litigation is unjust, especially when they are not in custody and the alleged offence is decades old.
Judicial Economy & Public Interest
When the accused is on bail and trial/appeal is very old, there is little chance of re-trial or re-incarceration unless the conviction is upheld. Hence, priority disposal ensures finality for both the victim’s side and the accused.
📚 Important Case Laws
1. Hussainara Khatoon v. State of Bihar (1979) 3 SCC 532
The Supreme Court held that the right to speedy trial is a fundamental right under Article 21.
Though this case involved undertrial prisoners, the principle has been extended to appeals as well.
2. Tara Singh v. State of Punjab (1991) 2 SCC 319
The Court observed that unreasonable delay in disposal of criminal appeals violates Article 21.
3. Shiv Shankar v. State of U.P. (2002) 9 SCC 406
The SC stressed that appeals of accused who are old or suffering from ailments should be given priority.
4. Akhtari Bi v. State of M.P. (2001) 4 SCC 355
It was held that delay in disposal of criminal appeals is a denial of justice. The Court directed that High Courts must give precedence to old criminal appeals.
5. Supreme Court’s Recent Observations (2024–25)
The SC directed High Courts that:
Appeals of accused above 60 years should be taken up on priority.
If accused is already on bail and the crime is very old, disposal should not be kept pending indefinitely.
This ensures that justice is not delayed merely because the accused is not in custody.
📝 Rationale by the Supreme Court
Balancing Justice → While undertrial prisoners in custody deserve first priority, elderly accused on bail facing decades-old charges also deserve a speedy conclusion.
Avoiding Prejudice → Evidence often becomes weak with time; witnesses die or become untraceable.
Humanitarian Grounds → Elderly persons face health issues; making them wait for decades for finality is against human dignity.
✅ Conclusion
The Supreme Court has clearly laid down that criminal appeals of elderly accused on bail must be prioritized, especially when the alleged offence is old.
This principle is firmly rooted in Article 21 (Right to Life and Liberty), and reinforced through a series of landmark cases like Hussainara Khatoon, Akhtari Bi, and recent SC rulings.
Thus, High Courts are bound to ensure that such appeals are listed and decided expeditiously, preventing justice from being denied due to inordinate delay.
RELATED Blog
comments