HC grants bail to man after 13 years in custody

Kolkata: Observing that the possibility of hearing his appeal in near future is remote, Calcutta HIgh Court suspended the sentence of a convict who has been in custody for 13 years and granted him bail.

The bench of Justice Joymalya Bagchi and Justice Shampa Dutt (Paul) was moved by the convict (appellant) whose counsel said his client is in custody for more than 13 years. A detention certificate issued by the superintendent of Midnapore Correctional Home was submitted. A prayer was made for the suspension of his sentence. The court observed that the appellant’s previous prayer for suspension of sentence had been turned down on merits. Other appellants were enlarged on bail. Paper books are not ready till date. Appellant has suffered incarceration for more than thirteen years. Possibility of hearing of the appeal in the near future is remote.

Taking into account the aforesaid facts and in light of law declared in Saudan Singh vs. State of Uttar Pradesh, the court suspended the sentence of the appellant and enlarged him on conditional bail.

The appellant was directed to furnish a bail bond of Rs 20,000 with two sureties of like amount each to the satisfaction of the Additional Chief Judicial Magistrate, East Midnapore, on condition that he shall report to the said Magistrate once in a month till the disposal of the appeal. The court further directed that in the event the appellant fails to do so, the lower court shall forthwith intimate such fact to the High Court and the department shall place this matter before the appropriate bench.