It Is Duty Of Police To Produce Imprisoned Accused Before Court, Accused Can't Be Blamed For Police's Negligence : Supreme Court

The Supreme Court recently stated that when accused persons are in prison, it is the duty of the police to produce them before the trial court. If the police fail to produce them before the court, then the accused cannot be made to suffer due to such negligence of the police.

A bench of Justices BR Gavai and Prashant Kumar Mishra made these observations while deciding a bail application (Satendra Babu vs. State of Uttar Pradesh). Here, the accused was behind the bars for a period of one year and four months and chargesheet was filed. 

The bail application of the petitioner was opposed on the ground that the petitioner did not appear before the Trial Court and as such warrants came to be issued.

Rejecting this argument, the bench observed :

"Since the petitioner is in prison, therefore, it was the duty of the police authorities to produce him before the Trial Court. The petitioner cannot be blamed for the negligence on behalf of the police authorities"

The petitioner was directed to be released on bail to the satisfaction of the Trial Court. 

Case Title : Satendra Babu vs. State of Uttar Pradesh

Citation : 2023 LiveLaw (SC) 766

Click here to read the order