Man Belonging To Lower Strata Of Society Doesn't Have Finances To Approach SC: Madhya Pradesh HC While Ordering His Release In Habeas Corpus Petition Even After Dismissal Of His Bail Pleas
The Madhya Pradesh High Court directed jail authorities to release a man in a Habeas Corpus petition filed by his daughter, even though his bail applications had been dismissed, while noting that a person belonging to a lower strata of society has no finances to approach the Supreme Court to file an appeal against the order dismissing bail application by engaging private counsel.
The bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain observed, “In the present case also, the petitioner could have approached the Supreme Court but a person who is having equity share of Rs.6,250/- only and belongs to a lower strata of the society, has no courage/finances to approach the Supreme Court by engaging a private counsel; and is facing mental agony of rejection of multiple bail applications on the false averments/allegations, as apparent on the fact of the record by the concerned Police Station.”
Advocate Amitabh Gupta appeared for the Appellant and Government Advocate SS Chouhan appeared for the Respondent.
Brief Facts-
The Petitioner is the daughter of the accused who was booked for the offences punishable under Sections 420 and 409 of I.P.C. The said FIR was registered on the allegations that he committed Cheating and Criminal Breach of Trust and thus, misappropriated Rs.1.98L from various investors while acting as Director of the Company, namely, Suvidha Land Developers India Pvt. Ltd.
“It is shocking that except father of the petitioner, no one has been arrested so far till date.”, the Court said.
The Court found that since the father of the Petitioner is in illegal detention, it is a fit case to exercise power under Article 226 of the Constitution of India to entertain the Petition and pass orders.
Accordingly, the Court directed the concerned jail authorities to release the father of the Petitioner.
Finally, the Court allowed the Writ Petition.
Cause Title: Kusum Sahu v. State of Madhya Pradesh (Neutral Citation: 2024:MPHC-JBP:50783)