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Calcutta High Court Affirms Right to Interim Bail for Undertrial Prisoners

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In a significant ruling, the Calcutta High Court emphasized the fundamental right to interim bail for undertrial prisoners, asserting that temporary release during trial is essential to uphold personal liberty, especially for individuals presumed innocent until proven guilty. The Division Bench of Justices Tapabrata Chakraborty and Biswaroop Chowdhury delivered the verdict on April 9, granting temporary bail to a rape accused, Manaranjan Mandal.

The Court, considering the petitioner's prolonged detention of 2 years and 10 months, highlighted the psychological distress endured by detainees, particularly the young, emphasizing the imperative to safeguard their mental well-being during pre-trial detention. Recognizing the loss of familial contact and potential stress faced by detainees, the Bench underscored the right to maintain family ties, enshrined in the constitution, even during trial proceedings.

Echoing the provisions for convicts' temporary release through parole and furlough, the Court reasoned that undertrials, being presumed innocent, equally deserve opportunities for brief reprieves to reconnect with their families. Emphasizing the parallel between convicts' and undertrials' familial obligations, the Court advocated for equitable treatment and humane conditions during legal proceedings.

Moreover, the Court scrutinized the allegations against the petitioner, noting discrepancies between the victim's initial complaint and her subsequent statement under Section 164 of the Criminal Procedure Code. Primarily accused of outraging the victim's modesty rather than rape, the petitioner's case warranted closer examination, given the nature of the reported injuries and the evolving narrative presented by the victim.

Ultimately, the Court upheld the petitioner's right to interim bail, aligning with the principle of innocence until proven guilty, unless compelling circumstances dictate otherwise. By allowing undertrial prisoners to temporarily reunite with their families, the ruling exemplifies the judiciary's commitment to human dignity and compassion within the criminal justice system.

In granting temporary bail to Manaranjan Mandal, the Calcutta High Court reaffirmed its dedication to upholding constitutional rights, ensuring fair treatment for all individuals embroiled in legal proceedings, regardless of their status as undertrials.

Author: Anushka Taraniya 

 

News writer, MIT ADT University