The Supreme Court on Wednesday asked both the Uttar Pradesh government and officials of Allahabad High Court to sit together and jointly submit the suggestions for regulating the matters of bail applications during the pendency of the appeals of the convicted persons.

The top court said that if the suggestions are not given, then it may formulate some guidelines on its own.

A bench of Justices Sanjay Kishan Kaul and B R Gavai said that Allahabad High Court registry has 20-25 page suggestions which are like counter-suggestions to those already given by Uttar Pradesh government.

The top court was informed that Allahabad High Court had filed the suggestions last evening.

State government has said something and now you (Allahabad High Court) have said something. They have given suggestions and now you have given counter-suggestions of 20-25 pages. How are we supposed to zero in on the most suitable ones? If you are unable to give suggestions then we will formulate some guidelines on our own, the bench said.

Additional Advocate General Garima Prashad, appearing for Uttar Pradesh, said that sometime be given to them as now they have come to know about the thinking of the High Court and they will sit together and compile the most suitable suggestions.

The bench said that the High Court may itself issue some directions which may meet its expectation and both the UP government and registry staff of the High Court can sit together and sort out the problem.

It posted the matter for further hearing on October 5.

The top court is hearing 18 criminal appeals of the convicts in heinous offences seeking bail on the ground that they have spent seven or more years in jail and be granted bail as their appeals against the convictions are yet to be listed for regular hearing in the high court due to the long pendency.

The High Court has given a slew of suggestions to the top court like in cases of serious and grave offences, rights of the victim and his family should be considered before granting bail to an accused.

It suggested to the top court that a victim impact assessment' report should be obtained after consulting the victim and the report should clearly state all concerns along with vital information on physical, mental and social impact of the crime and impact the bail may have on the victim.

The high court's registry has given its suggestions to the top court in pursuance of an earlier order asking it to help in laying down broad parameters for regulating the matters of bail applications during the pendency of the appeals of the convicted persons.

That when a person is convicted, the presumption of innocence vanishes and a heavy presumption of guilt supplants it. However, a person accused of crime shall not, until he has been finally adjudged guilty in the court of last resort, be absolutely compelled to undergo imprisonment or punishment, but may be admitted to bail also after conviction and pending the appeal , it has said.

The high court further said that priority should be given to hearing those criminal appeals where the accused has undergone more than half sentence in view of provisions of CrPC.

A different yardstick will have to be evolved for grant of bail to more serious crimes like white collar and organised crimes against the State and its citizens since the criminals involved here are habitual and hardened criminals who commit crimes in a planned and sophisticated manner, it said.

To address the huge pendency of cases, the High Court suggested that dedicated benches should be constituted for hearing long pending criminal appeals.

"If a person is released after spending - years in jail, the very object of imposing a life sentence would be defeated. If an accused of heinous crimes is released on bail after spending - years in jail, he will never make any effort to decide his appeal early, it said.

On August 25, the top court had said that before the court gives its "imprimatur" or authoritative approval to any suggestions/proposals given by the UP government it would be appropriate that the high court itself examines it and makes its own suggestions.

On August 23, the UP government had suggested to the top court that bail pleas of life convicts, if they have undergone 10 years of jail term, and in other cases where half of the period of the maximum sentence awarded have been spent, can be considered by the High Court.

It has said that to ensure public peace and the well-being of the society, life convicts who are hardened criminals, repeat offenders, kidnappers, in crimes related to massacre (three or more than three murders), habitual criminals, and fall in prohibited categories as per the U.P Jail Standing Policy - no bail should be granted .

As of August 2021, there are approximately 1,83,000 Criminal Appeals pending both at Lucknow Bench and Allahabad High Court, it said.

As of August 2021, there are 7,214 convicts in various jails across Uttar Pradesh who have already undergone more than 10 years of their conviction and their Criminal appeals are pending before the High Court, it added.