Convict Undergoes 10 Yrs Custody Though Sentence Was For 7 Years : Supreme Court Seeks Explanation From Chhattisgarh Govt

The Supreme Court has sought explanation from the State of Chattisgarh as to why a convict had to undergo custody for 10 years, although the sentence imposed by the Court was seven years imprisonment.

The petitioner had approached the Supreme Court saying that despite undergoing the full sentence of 7 years rigorous imprisonment, he has not been released from the jail. In fact, the records revealed that he had undergone 10 years 03 months and 16 days of custody. After the Supreme Court issued notice, the petitioner was released from jail.

However, the Court said that the matter cannot be put to rest and required further probe. "This may not be the end of the matter. What is being reflected to this Court needs a further probe", the Court said.

Therefore, the bench comprising Justices Ajay Rastogi and Abhay S Oka asked the State to file an affidavit and tender an explanation as to why the petitioner was detained in custody exceeding the period of judicial custody in terms of the judgment impugned of the High Court dated 19th July, 2018.

The State has also been asked to collect data from all over the State regarding any such similar incidents.  The Court directed that the copy of the order be sent to the Secretary, State Legal Services Authority, Chhattisgarh for taking appropriate steps and compliance report.

The matter will be next considered on April 25.

Case Title : Bhola Kumar vs State of Chhattisgarh

Click here to read/download the order