HC requests report indicating cases where undertrials are in detention for five years or more

The Division Bench of Justice Joymalya Bagchi and Justice Gaurang Kanth have sought a report indicating the nature of case, period of incarceration suffered by the undertrials and stage of the proceedings. 

Srishti Lakhotia, MP, 3 Mar 2024 : Taking a note of undertrials “languishing” in jail for a considerable period of time, the Calcutta High Court recently requested the Registrar General to submit a report indicating the number of cases where undertrials are in detention for five years or more in each sub-division. 

The Division Bench of Justice Joymalya Bagchi and Justice Gaurang Kanth have sought a report indicating the nature of case, period of incarceration suffered by the undertrials and stage of the proceedings. 

The direction was made during the hearing of an anticipatory bail application of a petitioner who is in custody for more than eight years. Lawyer for the state had contended that the petitioner had kidnapped and raped a minor. The court took note of the fact that in a number of cases, undertrials are languishing in jail for a considerable period of time and “prosecution is unable to promptly conclude the trial.” 

In another bail application by a petitioner who is in custody for more than five years, the Division Bench observed: “Petitioner has suffered incarceration for five years but no witness has been examined till date. 

This discloses a sad state of affair with regard to the indolence of the prosecuting agency in conducting a prompt trial in a serious case of such nature.” 

There were allegations of rape and murder against the petitioner. The petitioner was released on bail upon furnishing a bond of Rs 10,000 with two sureties of like amount each, one of whom must be local, to the satisfaction of the Judge of Special Court of Baharampur in Murshidabad subject to the condition that the petitioner will appear before the trial court on every date of hearing until further order and shall not intimidate witnesses or tamper with evidence. 

https://www.millenniumpost.in/bengal/hc-requests-report-indicating-cases-where-undertrials-are-in-detention-for-five-years-or-more-554489