Allahabad High Court
Manju vs State Of U.P. on 1 October, 2013
Bench: Amar Saran, Sunita Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 46
Case :- CRIMINAL APPEAL No. - 184 of 1998
Appellant :- Manju
Respondent :- State Of U.P.
Counsel for Appellant :- R.K.Sharma,Rashmi Srivastava
Counsel for Respondent :- D.G.A
Hon'ble Amar Saran,J.
Hon'ble Mrs. Sunita Agarwal,J.
Ms. Rashmi Srivastava, learned counsel appointed by the High Court Legal Services Authority appears on behalf of the appellant.
She informs that on correspondence she has received a letter from the Superintendent, 'Nari Bandi Niketan' Lucknow that the appellant Manju wife of Rakesh is presently detained in the aforesaid prison pursuant to her conviction by the IVth Additional Sessions Judge, Ghaziabad to imprisonment for life under under sections 302/34/394/411 IPC in ST. No. 351 of 1995, Crime No. 22/95, P.S. Link Road, by the order dated 19.1.98.
The appellant has filed the present criminal appeal in which she was granted bail on 12.5.2000 by this Court, on the ground that she had been in jail for over 5 years since 21.1.95. We are shocked to learn that the appellant has not been released even after almost 13 years and 9 months of the said order and that she has undergone almost 19 years in prison. Whatever be the reason, this state of affairs only goes to show how disappointing and dismal our system of judicial administration must look to a person who falls at its receiving end. These lines in Hussainara Khatoon (1) v. State of Bihar, (1980) 1 SCC 81 (at page 83) are so apt to this situation: ".....Many of these unfortunate men and women must not even be remembering when they entered the jail and for what offence. They have over the years ceased to be human beings: they are mere ticket numbers. It is high time that the public conscience is awakened and the Government as well as the judiciary begin to realise that in the dark cells of our prisons there are large numbers of men and women who are waiting patiently, impatiently perhaps, but in vain, for justice ? a commodity which is tragically beyond their reach and grasp. Law has become for them an instrument of injustice and they are helpless and despairing victims of the callousness of the legal and judicial system."
What steps has the CJM, Ghaziabad taken for ensuring the release of this appellant pursuant to the High Court's order and was this prisoner ever informed that she was entitled to legal aid.
Moti Ram & others Vs. State of M.P. 1978 SCC (4) 47 and Hussainara Khatoon (1) v. State of Bihar, (1980) 1 SCC 81, have criticized subordinate Courts for imposing heavy personal bonds and sureties as pre-conditions for release of impecunious prisoners without means, and provided for release even on personal bonds, if the prisoner is not likely to abscond. This sympathetic approach should especially apply to the cases of women, the old or very young, the physically infirm or ailing who are not likely to abscond. Krishna Iyer J speaking for the bench in paragraph 30 in Moti Ram (supra) has observed: "Even so, poor men-Indians are in monetary terms indigents, young persons, infirm individuals and women are weak categories and courts should be liberal in releasing them on their own recognisances put whatever reasonable condition you may."
We would like a report from the CJM Ghaziabad on what steps he has taken for ensuring compliance of the High Court's order dated 12.5.2000 and the reasons for the failure in compliance of the Court's previous order so far. He should also now immediately proceed to complete the formalities for releasing the appellant on bail, even on personal bonds if she is unable to obtain sureties, and also to provide legal aid counsel to the appellant for completing the formalities of bail.
The office is directed to send the copy of this order to the C.J.M. Ghaziabad within a week. The C.J.M. Ghaziabad concerned is directed to give his explanation and compliance report by 22nd October, 2013. A report may also be called from the Nari Bandi Niketan, Lucknow, where the appellant is presently detained, regarding the present status of the appellant. We record our appreciation of the proactive interest shown by the legal aid counsel appointed by the High Court Legal Services Authority.
List on 22.10.2013.
Certified copy of this order be given to the learned A.G.A. and Ms. Rashmi Srivastava within a week free of cost.
Order Date :- 1.10.2013
Atul kr. sri.
