Cuttack: Giving weightage to liberty, the Orissa High Court ordered for release of an undertrial, who had completed more than half of the term prescribed for the offence he was accused of.
“Liberty is the breath of life. Sans it, it’s like a bird with crippled wings…Inability to comply such bail condition despite repeated reduction of cash security amount by this Court on the application of the petitioner, itself speaks of the onerous nature of the bail condition. Condition of bail being a procedural facet of the matter, should not be allowed to prevail upon fundamental right to life and liberty of an accused,” the Single Bench of Justice Sibo Sankar Mishra observed, according to LiveLaw.
The petitioner was accused of committing multiple financial frauds involving lakhs of rupees. He filed five separate bail applications before the High Court and was also granted bail with the condition of furnishing specified cash security amounts. However, he was unable to furnish the prescribed amounts and sought modifications. he was unable to pay despite modification in the amounts in cash securities and remained in jail.
After spending seven years in custody, he then moved the trial court for grant of regular bail, contending that he was entitled to be released on bail having undergone more than 50% of the maximum sentence prescribed for the offences he has been charged for and facing trial as per the statutory stipulation under Section 436-A of the CrPC. He approached the HC when the trail court rejected his plea.
“In the present case, it is evident that the accused has been in custody for a prolonged period exceeding seven years and has not been released on bail due to the inability to fulfil the bail conditions… Continuing to detain the accused as an undertrial for such an extended period not only contravenes the statutory rights under Section 436A but also infringes the constitutional principles embodied in Article 21 of the Constitution of India, which along with personal liberty also includes the right to a speedy trial as an integral part of the right to life,” the court added while ordering for the petitioner’s release.
