Supreme Court expresses displeasure over trial court not releasing accused despite being granted bail by it in 2020

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A Supreme Court bench of Justices Ravindra Bhatt and Narasimha on Wednesday expressed their displeasure over a trial court in Andhra Pradesh not granting interim bail to an accused to whom the Supreme Court had granted interim bail in the year 2020.

The top court in September 2020, while granting interim bail, had directed the accused to be produced before the trial court within three days of the order and had further directed the trial court to release him on interim bail on such terms and conditions as the it may deem appropriate.

However, the trial court has till date not granted him bail since the accused was not produced before the court in three days. It is to be noted that the accused has been in custody since May 2011 and has completed more than 9 years of actual imprisonment for the crime he allegedly committed.

The counsel for the State government of Andhra Pradesh apprised the court that the accused has been produced before the trial court today and the bail will be granted to him positively by end of the day.

Court, on hearing the submissions, noted that it is distressed at the view adopted by the Trial Judge to have read the order of the Supreme Court granting three day period to produce the accused in an inflexible manner as if it were a provision of statute.

Court further directed the concerned court to take steps and release the petitioner on his personal bond and impose any other condition it deems fit. The court has not disposed the matter and has kept it on board for the next week to ensure that the person is released.

Case title: Gopisetty Harikrishna Vs State of Andhra Pradesh