Tripura High Court
Satender Kumar Antil vs . Central Bureau Of Investigation & Anr ... on 10 July, 2024
Author: Arindam Lodh
Bench: Arindam Lodh
HIGH COURT OF TRIPURA
AGARTALA
W.P(C)(PIL)12/2022
Court on its own motion
Versus
The State of Tripura ----Respondent(s)
For Court on its own motion: None
For Respondent(s) : Mr. S.S. Dey, Advocate General
Ms. A. Chakraborty, Advocate
HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH
HON'BLE MR. JUSTICE ARINDAM LODH
Order
10/07/2024
An updated status report has been received from the Member Secretary,
TSLSA on 9th July, 2024 as regards the status of Under Trial Prisoners who
have been languishing in jail due to non-fulfillment of conditions of bail. The
relevant part of the report is extracted hereunder:
"A. Annexure-I:
As per 'Annexure-I' of the report dated 30.08.2023 submitted by
the then Member Secretary, Tripura State Legal Services Authority,
(TSLSA in short), there were 149(one hundred and forty nine) Under
Trial Prisoners (UTPs in short) upto 07.06.2023. As per the report,
101(One hundred and one) UTPs could furnish bail bond. The rest 48
(forty eight) UTPs were still languishing in the Jails as on 25.08.2023
for they could not meet the conditions of bail. It is pertinent to mention
here that on 04/07/2024 a virtual meeting was convened and it could be
gathered that out of these 48 (forty eight) UTPs, 39 (Thirty nine) UTPs
were released and the remaining 9 (nine) UTPs are now languishing in
the jail. The updated information as on 04/07/2024 is annexed herewith
as Annexure-I of this report. It needs to be further mentioned here that
out of the released 39 (thirty nine) UTPs there were 6(six) UTPS who
were alleged with heinous offences.
B. Annexure-II:
As per 'Annexure-II' of the report dated 30.08.2023 submitted
by the then Member Secretary, TSLSA it appears that 129 (one
hundred and twenty nine) UTPs entered the jail after 07.06.2024 till
25/08/2023. Out of these 129 UTPs, 82 UTPs were released. The
remaining 47 UTPs were languishing in the jail. Accordingly, after the
virtual meeting held on 04/7/2024, it could be gathered that 41 (forty
one) UTPs were released. The remaining 6(six) UTPs are languishing in
the jail as on 04/07/2024. It further needs to be mentioned here that out
of the 41(forty one) released UTPs, 15 (fifteen) UTPs were accused of
heinous offences. The updated report of all the 47(forty seven) UTPs is
annexed herewith as 'Annexure-II'.
The details of all the UTPs of Annexure I and II have been
mentioned in separate sheets of papers which have been enclosed with
the report. The steps taken by DLSAs/SDLSCs of the State for all the
remaining 15 (fifteen) unreleased UTPs have also been collected and
mentioned therein.
The latest report after 25/08/2023 till 20/06/02024 has been
marked as Annexure- III and it is as follows;
C. Annexure-III:
After collecting report from all the DLSAs it appears that a total
of 97 UTPs are still languishing in jail for their inability to meet the
conditions of bail. Particulars of the UTPs who were released from the
Jails of the State during the aforementioned period and steps taken by
DLSAs for such unreleased UTPs on being collected and compiled have
been marked as Annexure III and enclosed with this report.
The details of the UTPs as mentioned in Annexure-III have been
reflected in Annexure III-A to Annexure III-P.
Thus, a total of 97 (as on 20.06.2024) + 15(as on 04.07.2024 of
Annexure-I and II) =112 Nos. UTPs are still in jail who could not
submit bail bond.
I do hereby humbly submit this report for kind consideration of
the Hon'ble High Court of Tripura.
This is for your kind information with a request to place the
report before the Hon'ble Court.
Yours faithfully,
Sd/09/07/24
Enclo:- As stated (Mrs. J. Datta Chowdhury)
Member Secretary,
Tripura State Legal Services Authority."
Perusal of the report indicates that a total of 112 Under Trial Prisoners
are still in jail as they could not submit bail bond. Time to time several such
UTPs have been released on bail on fulfillment of the conditions for bail, but
still 112 UTPs have remain in jail despite grant of bail out of whom 15 are
accused of heinous offences. As regards the remaining 97 UTPs, the detailed
status report creates an impression that in some cases despite modification of
the conditions of bail by the concerned court, the accused persons could not
furnish the bail bond. In some cases despite steps taken by the concerned
DLSA, the family members did not show interest in release of said UTPs from
jail.
Apparently the conditions of bail in respect of some of the UTPs require
furnishing of sureties. To ameliorate the problems being faced in release of
UTPs for failure to comply the bail conditions, several directions have been
issued by the Apex Court time to time, such as contained in Order dated
31.03.2023 in SM WP (Crl.) No. 4/2021 (Re. Policy Strategy for Grant of Bail
vs. .... ). Those directions have also been reflected in our Order dated
01.05.2023.
Whether those directions have been scrupulously followed by the
concerned Jail Superintendent, the Secretary, DLSA and/or the concerned
Court, is not fully evident from the status report.
We, therefore, deem it proper to seek a report from the concerned Courts
also on compliance of the directions passed by the Apex Court in the case of
Satender Kumar Antil vs. Central Bureau of Investigation & anr in
Miscellaneous Application No. 1849/2021 arising out of Special leave Petition
(Crl.) 5191 of 2021 by the judgment dated 11.07.2022 and the Order dated
31.03.2023 passed in SM WP (Crl.) No. 4/2021.
The concerned Courts would submit a report before this Court through
the Registrar (Judicial). The concerned DLSAs would also submit a report in
the above light through the Member Secretary, TSLSA. The Registrar (Judicial)
and Member Secretary, TSLSA would also exchange the reports so that a cross
verification for the reasons for non-release of Under Trial Prisoners is made
out. The concerned Superintendent of Jail are also directed to submit a report
where these UTPs are lying through the office of the learned Advocate General.
Let such report be furnished within a period of 3(three) weeks.
The learned Registrar (Judicial) and the Member Secretary, TSLSA and
the office of the learned Advocate General would compile the status report so
received in a manner convenient to the Court.
Let the matter appear on 07.08.2024.
Let the order be communicated to the Courts concerned through the
Registrar (Judicial) and to the concerned DLSAs through the Member
Secretary, TSLSA. Learned Advocate General undertakes to convey the
directions issued upon the concerned Superintendent of Jails for compliance.
(ARINDAM LODH),J (APARESH KUMAR SINGH), CJ
SAIKAT KAR KAR
Date: 2024.07.11 16:34:04
+05'30'
