1979 (4) TMI 171

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... D. N. Mukherjee for the Respondents. JUDGMENT Krishnaiyer V.R. This is a petition for the issuance of a writ of habeas corpus in view of alleged illegal detention of a large number of persons under guise of the judicial process. Even without going into details, we are satisfied that petitioners Nos. 3 and 4 should be released on their own bonds to the satisfaction of the trial court ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....onfined and the offences with which they were charged were also called for. In the reply statement put in by the respondent, we find a large number of cases where detention for considerable periods, without the trial having even commenced, is being suffered by various persons. Criminal justice breaks down, at a point when expeditious trial is not attempted while the affected parties are languishin....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....uffice for the present-and counsel for the State assures us that any direction given by this Court will be promptly complied with-that we direct the State to consent to release all persons who have been in custody for over six months and whose trials have not commenced or against whom charge sheets have not been laid. But make one exception in cases where sections 302 and 395, IPC are involved. We....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rs. We therefore draw the attention of the State Government to take a policy decision with a view to ensure that accused persons, too indigent to set in motion the judicial process, do not suffer incarceration silently. The Government will do well to comply with the spirit of the Code of Criminal Procedure especially in the matter of persons sought to be bound over for good behaviour, persons agai....