Criminal Procedure Code, 1973
Sections 374 & 389—Appeals from conviction—Appellant is aggrieved because his criminal appeal is not being listed for consideration, despite the fact that he has suffered incarceration for more than ten years—Such incarceration is owing to conviction under Section 302 of IPC against the appellant for which he is serving a term of life in prison—By the notice issuing order, the Apex Court had observed that pendency of the special leave petition would not stand in the way of the roster bench of the High Court to hear the criminal appeal, on priority, having regard to the long incarceration of the appellant—Right to appeal is a statutory right conferred by the Code of Criminal Procedure—Having regard to the long incarceration of the appellant, the present court deem it fit and proper, in exercise of power conferred by Article 142 of the Constitution, to suspend the sentence and grant bail to the appellant—Appellant, shall be released on bail, pending decision on the criminal appeal, subject to such terms and conditions as may be fixed by the trial court.
[Paras 3, 7 & 8]