Calcutta High Court To Consider Bail For Convicts Languishing In Jail For 14 Yrs Amid Pendency Of Their Appeals

The Calcutta High Court on Tuesday directed the Registrar (IT) of the High Court to prepare a list of appeals where the appellants are in jail for 14 years or more and list those matters before the Court for consideration of bail within 2 weeks. 

The direction was issued while suspending the sentence and granting bail to two accused persons who were found to have suffered inordinate incarceration for about 20 years. 

A Bench comprising Justice Bivas Pattanayak and Justice Joymalya Bagchi noted that the Supreme Court in the case of Saudan Singh v. State of Uttar Pradesh had directed the Allahabad High Court and Government of Uttar Pradesh to prepare a list of cases where the appellants were under incarceration for more than 14 years so that they may be released at one go provided they are not repeated offenders.

Issuing a similar direction, the Bench ordered, 

"A large number of appeals are pending in this High Court too where the appellants-convicts are incarcerating in jail for a protracted period of time. Taking judicial notice of such fact, we are of the view similar exercise ought to be undertaken in this Court also. Accordingly, we direct the Registrar (IT) to prepare a list of appeals where the appellants are in jail for 14 years or more and list those matters before this Bench for consideration of bail within a fortnight."

The Bench was adjudicating upon an application for grant of bail under Section 389(1) CrPC preferred by two appellants who had suffered incarceration for about 20 years. Opining that protracted detention suffered by the appellants have violated their fundamental rights as enshrined under Article 21 of the Constitution, the Court observed, 

"We have considered the submissions made on behalf of the parties. Irrespective of the merits in the appeal, we are of the view inordinate incarceration of the appellants for about 20 years by itself is an infraction of their fundamental right to speedy justice under Article 21 of the Constitution of India...Thus, on the ground of protracted detention suffered by the appellants infracting their fundamental right to speedy justice under Article 21 of the Constitution of India, we are inclined to suspend the sentence imposed upon the appellants and enlarge them on bail."

Reliance was again placed on the Supreme Court decision in Saudan Singh v. State of Uttar Pradesh wherein the the Apex Court had directed suspension of sentence and release on bail of the convicts pending their appeals before the High Court.

Accordingly, the appellants were ordered to be released on bail upon furnishing a bond of Rs. 20,000 each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Chief Judicial Magistrate, Alipore, South 24- Parganas subject to condition that the appellants shall appear before the said Magistrate once in a month till the disposal of the appeal.

The Court further clarified that in the event they fail to do so, the Magistrate shall forthwith report such fact to this Court and the Department shall place the matter before the appropriate Bench for necessary orders.

During the proceedings, the Additional Public Prosecutor had opposed the prayer for bail and had submitted that there is ample evidence on record implicating the appellants. On the other hand, the counsel for the appellants had averred that the appellants has already suffered detention for about 20 years and thus prayed for the suspension of their sentence. 

The matter is slated for further hearing on April 12. 

Case Title: In Re : Guddu Mondal @ Guddu Ali Mondal & Anr

Case Citation: 2022 LiveLaw (Cal) 96

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