A direction by the Calcutta High Court was given to the registrar of the High Court to make a list of the appellants for consideration of bail within two weeks for those who are suffering unusual incarceration for more than 14 years in jail. The direction was followed by considering the bail of two accused who suffered inordinate jail terms for about 20 years.
In Uttar Pradesh, a bench by Justice Bivas Pattanayak and Justice Joymalya Bagchi considering the case of Saudan Singh v. State of Uttar Pradesh directed the High Court of Allahabad to prepare a list of appealants suffering incarceration for more than 14 years. The pre-requisite being the inmates should not be repeated offenders.
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 opined that protracted terms of incarceration have violated the fundamental rights of the inmates enshrined under Article 21 of the constitution.
In the case of the appellants, the Chief Judicial Magistrate, Alipore, South 24-Parganas ordered that they shall appear once every month before the said Magistrate till disposition of their appeal, on the condition that the bond of Rs. 20,000 each be accompanied by two sureties of equal value. One of the sureties must be a local.