In a landmark decision, the Supreme Court of India has granted bail to a 75-year-old man who spent four decades embroiled in a trial for a 1983 rape and murder case. The apex court, recognizing the "peculiar feature" of the case, cited the extensive trial delay as grounds for the release, emphasizing the need for expedited proceedings.

A bench comprising Justices Abhay S. Oka and Pankaj Mithal acknowledged that it is unusual for the Supreme Court to direct a constitutional court or any other court to establish a specific timeline for case resolution. However, given the extraordinary circumstances surrounding the 40-year trial, the bench requested the Calcutta High Court to prioritize the disposal of the man's appeal against his conviction.

The appellant, who is the maternal uncle of the victim, had previously sought bail, which was denied by the Calcutta High Court due to the gravity of the offense - the brutal rape and murder of a young girl found strangulated. However, the Supreme Court, recognizing the age of the appellant and the protracted trial process, determined that he "deserved" to be released on bail.

"The occurrence [crime] is of the year 1983, which is 40 years old now. There are reasons why the trial was delayed," stated the Supreme Court in its order.

The man had been on bail throughout the extended trial period, which concluded in April 2023. His appeal against the conviction is currently pending in the Calcutta High Court, which has admitted it for final hearing.

In their directive to the High Court, the Supreme Court bench urged it to "give out of turn priority to the disposal of the appeal in accordance with law." Furthermore, considering that the appellant is a lawyer, the bench emphasized the strict implementation of bail conditions, stating, "The appellant shall not seek adjournments on any unreasonable grounds and shall cooperate with the High Court for early disposal of the appeal. In the event the hearing of the appeal is delayed on account of the default on the part of the appellant, it will be open for the respondent to apply to the High Court for cancellation of the bail," as per the court's order.

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