'Life Without Liberty Is Like Bird With Crippled Wings': Orissa HC Releases Undertrial In Financial Frauds Case Citing Prolonged Detention

The Orissa High Court ordered release of a person accused of committing multiple financial frauds involving lakhs of rupees after finding that as an undertrial, he has completed more than half of the period of sentence prescribed for the most grievous offence for which he has been charged for. Apart from the grounds on merits of the individual cases, the petitioner precisely contended that as per the statutory stipulation under Section 436-A of the CrPC, he is entitled to be released on bail having undergone more than 50% of the maximum sentence prescribed for the offences he has been charged for and facing trial. Justice Mishra referred to the landmark ruling of the Apex Court in the case of Satender Kumar Antil v. CBI & Anr., wherein the importance of Section 436-A, CrPC was flagged and it was emphasized that the provision mandates an undertrial, who has undergone detention for one-half of the maximum prescribed sentence for the offence, to be released on personal bond, with or without sureties. Hence, the Court was of the considered view that Section 436-A, CrPC being a statutory provision akin to the provisions of default bail provided under Section 167 of CrPC, aims to safeguard the interests of undertrial accused in custody from the prolonged incarceration. “In the present case, it is evident that the accused has been in custody for a prolonged period exceeding seven years and has not been released on bail due to the inability to fulfil the bail conditions… Continuing to detain the accused as an undertrial for such an extended period not only contravenes the statutory rights under Section 436A but also infringes the constitutional principles embodied in Article 21 of the Constitution of India, which along with personal liberty also includes the right to a speedy trial as an integral part of the right to life,” it observed.