Cannot Be Oblivious Of Plight Of Indigent Convicts Who Are Unable To Provide Local Surety: SC Orders Immediate Release Of POCSO Convict Held In Custody Despite Bail

The Supreme Court has directed the immediate release of a POCSO convict who had remained in custody despite being granted bail in May 2024, due to his inability to furnish local surety.

The Bench of Justice Hrishikesh Roy, Justice Sudhanshu Dhulia, and Justice SVN Bhatti stated that the justice system must be attuned to the struggles of indigent convicts who face continued detention despite bail orders.

The Court emphasized that keeping the petitioner incarcerated under such circumstances was a violation of his fundamental rights under Article 21 of the Constitution. The petitioner had already spent seven years and one month in custody, the Court noted, and his prolonged detention infringed on his constitutional rights. "It would be a travesty of justice if the petitioner is unable to secure the benefit of a bail order for his inability to furnish local surety. This will infringe the rights guaranteed under Article 21 of the Constitution," the Bench held.

The petitioner was convicted under provisions of the Protection of Children from Sexual Offences (POCSO) Act, 2012, and sentenced to ten years of rigorous imprisonment by the Special Judge in Greater Mumbai. His appeal against the conviction was dismissed by the Bombay High Court in 2019, prompting him to file a Special Leave Petition (SLP) before the Supreme Court.

In May 2024, the Supreme Court granted him bail, delegating the conditions of release to the trial court. However, the petitioner’s inability to provide local surety kept him incarcerated at Kolhapur Central Prison.

Highlighting the undue hardship faced by the petitioner due to his financial incapacity, the Court ordered his release on a personal bond, waiving the requirement for local surety and ensuring compliance with the May 3, 2024 bail order.

"The justice delivery mechanism cannot be oblivious of the plight of indigent convicts... the applicant continues to languish in jail notwithstanding the bail order passed in his favour as far back as May 2024," the Court remarked, calling for greater sensitivity in such cases.

Consequently, the Court ordered, "We deem it appropriate to say that the petitioner be released on bail on his personal bond without insisting on local surety, to ensure compliance with this Court’s bail order dated 03.05.2024. It is ordered accordingly. With the above order, I.A. No. 208763/2024 stands disposed of."

Cause Title: Ramchandra Thangappan Aachari v. State of Maharashtra 

Appearance:-

Petitioner: Advocates Neha Rathi, Pranav Sachdeva, Jatin Bhardwaj, Abhay Nair, Kajal Giri, Kamal Kishore

Respondent: Advocates Abhikalp Pratap Singh, Siddharth Dharmadhikari, Aaditya Aniruddha Pande, Bharat Bagla, Sourav Singh, Aagam Kaur, Aditya Krishna, Preet S Phanse, Yamini Singh, Adarsh Dubey, Kartikey

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