THE ALLAHABAD HC TOLD THE SC, "VICTIM IMPACT ASSESSMENT REPORT" SHOULD BE CONSIDERED BEFORE GRANTING BAIL

The Allahabad High Court told the Supreme Court that in bail matters, where a criminal appeal has been pending for a lengthy period, a 'victim impact assessment report' detailing the impact of the crime on the victim should be taken into consideration. The Hon'ble HC suggested that where the accused have served long tenure in jails or more than half-sentence under the CrPc, the victim impact assessment report can be provided in consultation with the victim on how the bail will impact the victim. 

The Bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy issued notice to the Allahabad HC in an affidavit filed before the top court concerning broad parameters which can be considered for allowing bail in long-pending appeals.

"People can't be in custody for this long; we want to put forward some norms only on the ground that appeals have not been heard for years and years".

In reply to the notice, the HC submitted that certain conditions should be imposed on the accused before granting bail, such as "restraining him from travelling" or "directing him/her to stay in a locality". Failure of such consideration may pose a threat to the victim or tamper with evidence.

The HC further suggested that unless special courts or benches are not made to decide the long-pending appeals (criminal), the accused cannot be given benefit in a "mechanical manner". A "different yardstick has to be evolved" for allowing bail to a person involved in organized crime or white-collar crime as they are habitual criminals who commit crimes in a sophisticated manner. 

Earlier, the UP government submitted a note to the Apex court suggesting two criteria to be taken before granting or considering bail pleas:

a. Total period the accused served actual sentences;

b. Pendency of the criminal appeal;

c. nature of the crime;

d. Criminal history;

e. Deliberate delay in filing appeal

Author: Papiha Ghoshal