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We are appalled to note that the applicant has been in prison for more than 12 years!
Who is an Underserved Prisoner?
The term “sub-trial” means a person who has not yet been convicted. or the court did not yet consider him a criminal.
This person remains in police custody. In such a situation, the court may grant that person bail. That is, until the court has finally ruled.
The rule is that the Court of Justice must guarantee the right to liberty when it deems it appropriate and must therefore grant bail.
One case was registered; against a man in connection with a crime of murder in 2009.
The process has not ended since then. Recently the defendant requested deposit at the Supreme Court of Calcutta on the grounds that his father had expired.
The court took the view that there was no urgent need to give him bail. However, the court allowed him to visit the location of his choice with the group of police. The period of his visit was; limited to only 4 hours.
The petitioner was affected by this order and turned to the Supreme Court. Supreme Court “in the interests of justice”; instructed him to be bailed. The length of the deposit is at the discretion of the court.
The court also ordered that his proceedings be completed within six months of receiving a copy of this order.
We also instruct the court to ensure that the hearing is completed no later than six months after receiving a copy of this order, and to submit compliance with this within the same period.