"Painful To Stay In Indian Jails": Bombay HC Directs Complainant To Pay Rs 4.2 Lakhs Compensation To Man Wrongly Jailed At His Instance

Observing that it is most painful to stay in the overcrowded jails in India, the Bombay High Court recently while granting bail to a man 'wrongly' made an accused, ordered the complainant to pay Rs 4,20,000 to him for curtailing his freedom and for loss of his income.

Single-judge Justice Sanjay Mehare, sitting at Aurangabad bench, noted that the petitioner, a labourer, was in jail from February 7, 2024 as the complainant wrongly identified him as one of the assailants, who assaulted him and attempted to kill him. The judge noted, that the complainant 'lied' as he in the FIR raised serious allegations against the petitioner, but later on withdrew the same.

"Petitioner was arrested on February 7, 2024. Since then, he was languishing in jail. It seems that the complainant wanted to put the police, the Court and many more at his finger as per his desire and will. Due to his allegations in report, the entire government machinery was acted upon and the applicant was arrested," the judge noted in the order passed on September 5.

It is apparent that without any substance, he has been sent to jail only due to the complaint and the identification of the applicant, the judge noted.

"It is most painful in our country to stay in overcrowded jails. The condition of jail and inmates is miserable. Due to overcrowding in the jail, the under trials or the accused often do not get a place to sleep. They suffer from many contagious diseases. His fundamental right to liberty has also been curtailed only due to the false and incorrect identification of the applicant by the complainant," Justice Mehare underscored.

The question is who will compensate the applicant for wrongly involving in the crime, and resultantly detaining him in jail for around six months? the court asked.

"It is now a high time to take the matters seriously who are putting the machinery at their fingers. No citizen has a right to put the machinery into action on such an irresponsible statement and curtail the fundamental rights of a single person. The applicant has lost six valuable months of his life without any reason. Therefore, he must be compensated," the judge underlined.

Liberty cannot be measured in money. However, monetary compensation is the general practice. It is measured on the basis of the standard of living, the loss of income, the inhumanity caused to such a person and the financial position of the wrongdoer, the judge observed.

The judge noted that since the petitioner is a labourer, he was earning not less than Rs 20,000 per month.

"The complainant is a businessman, though he falsely stated in his affidavit that he is a labourer. So, it could be presumed that he has a handsome income. Therefore, this Court quantified Rs 3 lacs compensation to the complainant for curtailing the right to liberty and Rs 1,20,000 for loss of income," the judge ordered.

With these observations, the court granted bail to the petitioner.

Appearance:

Advocate Sandip Ramnath Andhale appeared for the Applicant.

Additional Public Prosecutor SP Sonpawale represented the State.

Case Title: Thakan @ Nitin Bhausaheb Alhat vs State of Maharashtra (Bail Application 1504 of 2024)

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