We are appalled to notice that the appellant is in jail for more than 12 years!
Who is an Undertrial Prisoner?
The term ‘Under-trial’ denotes a person who hasn’t been convicted yet; or Court didn’t hold him to be a Criminal yet.
Such person remains in the Police custody. In such situation Court may grant bail to such person. That is, until the final order of the Court.
The rule is that, Court must ensure the right to freedom, if it deems fit and hence to grant bail.
Present matter
A case was registered; against a man in connection with an offense of Murder in the year 2009.
Since then, the trial has not been over yet. Recently, the accused applied for bail at Calcutta High Court on the ground that his father has expired.
The court opined that there is no pressing need to grant him bail. However, Court allowed him to visit the place of his choice with the group of police. The time period of his visit was; limited to only 4 hours.
Aggrieved with this order, Petitioner approached the Supreme Court. Supreme Court ‘in the interest of justice’; directed that he should be released on bail. Trial Court will have the discretion to decide the term of the bail.
Court also directed to complete his trial within six months from the receipt of copy of this present order.
We further direct the Trial Court to ensure that the trial is concluded not later than six months from receipt of a copy of this order and submit compliance in that regard within the same period.
Leave a Reply