The appellate court shall not release a convict, sentenced to punishment for death or life imprisonment or for a period of ten years or more, without hearing public prosecutor, the Supreme Court ruled today.
"The appellate court, if inclined to consider the release of a convict sentenced to punishment for death or imprisonment for life or for a period of ten years or more, shall first give an opportunity to the public prosecutor to show cause in writing against such release," a bench of justices M Y Eqbal and Kurian Joseph said.
The bench said such a stringent provision is needed only to ensure that the court is apprised of all the relevant factors so that it may consider whether it is an appropriate case for release having regard to the manner in which the crime is committed, gravity of the offence, age, criminal antecedents of the convict, impact on public confidence in the justice delivery system, etc.
"This procedure is intended to ensure transparency, to ensure that there is no allegation of collusion and to ensure that the court is properly assisted by the State with true and correct facts with regard to the relevant considerations for grant of bail in respect of serious offences, at the post conviction stage," it said.
