Wrongly jailed for 10 yrs, man gets Rs 1L

MUMBAI: The Bombay high court on Tuesday asked the Maharashtra government to pay Rs 1 lakh as compensation to a 40-year-old man who languished in
prison for over 10 years for a crime he didn't commit.

Malegoan resident Bapu Mali was in jail for five years as an undertrial battling rape and murder charges. Even after the trial court acquitted him, Mali spent five more years in prison as he didn't pay the bail amount when his case went into appeal.

"This is a sorry state of affairs," a division bench of Justice Bilal Nazki and Justice A R Joshi said, while upholding the trial court order acquitting Mali. "Not only the prosecuting agency but also the courts are involved (for Mali languishing in jail). This is a reflection on our own system which needs to be corrected."

The court, in its order, also framed guidelines for the trial courts in such cases and said that the sessions judge who didn't comply with the rules will be liable for departmental inquiry and even contempt of court. "A person who is acquitted should not remain in jail even for an (extra) day," said the judges.

"But many poor persons are unable to furnish the bail amount and remain in jail," advocate Yug Chaudhry, who was appointed as an amicus curiae (friend of the court) said. The HC asked the sessions judges to release such accused on bail or a personal bond; and, in case the sessions court decides to send the accused back to jail, the judge has to furnish the information to the HC.

TOI, in its edition dated August 17, 2009 reported the case of the 35-year-old man who was in prison for over five years despite being acquitted of the criminal charges against him. The court had directed the state to pay him Rs 10,000 as compensation. Subsequently, the HC asked the state to find out if there were other such prisoners and Mali's case came to light.