The Supreme Court on Monday granted bail to an under trial who was in jail for more than 12 years in connection with a crime registered in 2009. “We are appalled to notice that the appellant is in jail in connection with the crime registered by FIR No. 226 of 2009 for more than 12 years and the trial is still not concluded,”, the bench comprising Justices AM Khanwilkar, B. R. Gavai and…
By – LIVELAW NEWS NETWORK
Above is one among the many incidents faced by under trials. As per August 2019 Data of National Crime Record Bureau (NCRB) 7 in 10 of the 4,78,600 people spend their lives in jail as undertrial in India. The 78th Report of the Law Commission of India, states an undertrial prisoner as an unconvicted person who has been detained in prison during the period of investigation, inquiry or trial for the offence he/she is accused to have committed, under any law. So, it includes cases where the charge sheet has not been filed or the trial has not commenced. Further, Article 21 espouses, Protection of life and personal liberty. No person shall be deprived of his life or personal liberty except according to procedure established by law, it states.
A situation of lack of speedy trials have turned several lives into a living hell. Spending the precious amount of one’s life in the prison for an uncommitted mistake without trials is indeed a denied justice when it is delayed. A Nepali imprisoned in India was examined by the psychologist and it was regarded that the mental age of the man was 9 years and 9 months! He was released from correction house after being imprisoned for 40 years undertrial for a crime happened in Darjeeling.
Millat Committee Record reported the lack of speedy proceedings. An accused along the family undergoes a trauma of social acceptance. It indeed is difficult to assume “How an individual will be treated post imprisonment in the so called civilised society!”. When there prevails a taboo on entering the police station for one’s own rights, then being imprisoned for years together with the ‘accused’ tag is heinous. In this regard, current appointment of 09 judges to Supreme Court in a single go stands as a remarkable step.
‘Bail is a norm, jail is an exception’ stated Justice Krishna Iyer in Balachandra Case. The judgment applicable to criminals if implemented will surely save several innocent lives which are under trial. As a part of the progressive realisation of rights if the name and identity of an accused is protected, a form of moral society will surely be ensured.
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