SC grants bail to 75-yr-old man convicted after 40-year trial in rape & murder case
New Delhi (PTI): The Supreme Court has granted bail to a 75-year-old man, who was convicted in a 1983 rape and murder case, while taking note that it took the trial 40 years to conclude.
Noting the "peculiar feature" of the case, the apex court asked the Calcutta High Court to give "out of turn priority" to the disposal of the man's appeal against his conviction.
A bench of Justices Abhay S Oka and Pankaj Mithal said, normally, the top court should not issue a direction to a constitutional court or any other court to fix a schedule to decide a case.
"However, this case has a peculiar feature that the trial has taken forty years to conclude. We, therefore, request the high court to give out of turn priority to the disposal of the appeal in accordance with law," the bench said in its order passed on September 25.
The apex court was hearing an appeal filed by the man challenging the May 17 order of the high court which had rejected his prayer for bail.
While noting that the appellant was the maternal uncle of the victim, the high court had said in view of the material on record and the gravity of the offence, "we do not consider it appropriate to suspend the sentence of the appellant".
In its order, the high court had noted that the case involves brutal rape and murder of a girl who was found strangulated in a room.
The top court, while pronouncing its order, said the incident had taken place in 1983 and there are "reasons and reasons why the trial was delayed".
"The trial came to an end with the order of conviction of the appellant on April 21, 2023. The appellant was throughout on bail. The present age of the appellant is about 75 years. The appeal before the high court has been admitted for final hearing," it said.
The bench said considering the delay in disposal of the trial, the fact that the occurrence was of 1983 and the present age of the appellant, "he deserves to be enlarged on bail, pending the final disposal of the appeal before the high court on appropriate stringent terms and conditions".
Setting aside the May 17 order of the high court, the apex court requested it to fix appropriate stringent terms and conditions on which the appellant shall be enlarged on bail pending the final disposal of his appeal.
After the bench was informed that the appellant is a member of the Bar, it said he was expected to ensure that the apex court's order was scrupulously implemented and appeal is disposed of expeditiously.
"Therefore, we direct that the appellant shall not seek adjournments on any unreasonable grounds and shall cooperate with the high court for early disposal of the appeal," the bench said.
It said if the hearing of the appeal is delayed on account of default on the part of the appellant, it will be open for the state to apply to the high court for cancellation of bail.
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It’s a lie that he said ‘well bowled’ to me: Siraj counters Head's comments
Adelaide, Dec 8: Facing severe criticism for his verbal send-off, Indian pacer Mohammed Siraj has refuted Travis Head's claim of saying "well bowled" during the Pink-ball Test alleging him of gross misrepresentation of what transpired after the southpaw's dismissal.
Siraj's fiery celebration after dismissing Head, who scored a counterattacking 140, sparked heated exchanges, adding drama to the second day of the Pink-ball Test here on Saturday.
Expressing disappointment at Siraj's conduct, Head claimed that he said "well bowled" after being castled by a low toss, a statement the Indian dismissed as a lie.
“It was a good battle. I loved bowling to him. He has batted really well for his 140,” Siraj told Harbhajan Singh during an interaction on Star Sports.
“When you get hit for a six on your good ball, it kind of gets annoying. It ignites your passion. When I got him out, I celebrated but he abused me,” said Siraj.
“It’s a lie that he said ‘well bowled’ to me."
The incident unfolded after Siraj, having dropped the local hero on 76 earlier in the day, conceded a six to him. The Hyderabadi responded immediately, castling Head with a low full toss and celebrating animatedly, while instructing him to walk back.
Head reacted with a few verbal volleys of his own before leaving for the dressing room. Siraj was subsequently booed by the record 50,000-plus Adelaide crowd. The pacer was later seen discussing the crowd's reaction with the umpires.
"You can see what he actually said on TV. Initially, I only celebrated but he was the one who started the conversation. In the press conference, he lied that he said ‘well bowled.’ You can go and check the highlights again," Siraj said.
"We don’t disrespect anyone. I respect every cricketer. Cricket is a gentleman’s game but the way acted after getting out was uncalled for.”
Head's brilliant innings of 141-ball 140 was the backbone of Australia's total of 337 in 87.3 overs, even as wickets fell around him. He played a pivotal role in helping Australia secure a commanding 157-run first-innings lead.
"Well, I said 'well bowled', but he thought otherwise when he pointed me to the sheds. Yeah, I was slightly disappointed with the way that transpired with a couple of the past innings," Head told 'Fox Cricket' on Saturday.
"But, yeah, it is what it is if they want to react like that. And that's how they want to represent themselves and so be it."
Former India off-spinner Harbhajan, who was involved in the infamous Monkey-gate scandal in Australia in 2008, backed Siraj.
"You did right. He (Travis Head) never said ‘well bowled.’ Australians don’t say this to anyone. I have had my fair shares of battles with them in the past. You should be proud of yourself. You were excellent,” said Harbhajan.
