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TMI Blog2008 (9) TMI 1041X X X X Extracts X X X X X X X X Extracts X X X X ..... es as mentioned in Annexure P-14 forthwith on execution of personal bond with or without sureties; and (b) Issue appropriate writ in the nature of mandamus or any direction or order directing that if the petitioner is arrested in connection with any criminal case in capacity of Managing Director of Imperial Forestry Corporation Ltd., the arresting officer shall release him on bail on his executing the personal bond to the satisfaction of arresting officer; and (c) Issue appropriate writ in the nature of Mandamus or any direction or order directing the respondents to evolve a mechanism to ensure the presence of the petitioner in all the cases as well as speedy disposal of all the cases pending against the petitioner within a fixed time frame; (d) Issue appropriate order to treat the petitioner in custody, in cases where petitioner has not been produced, from the date of service of production warrant on the petitioner and adjust the same for the purpose of bailunder Section 436A of Cr.P.C. (e) Pass such other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. 3. The case of the petitioner is that, he is an under-trial prisone ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n witnesses have not turned up and concerned Courts have issued either bailable or non-bailable warrants to secure the presence of witnesses. In few cases, though the petitioner was ordered to be enlarged on bail, in view of pendency of other cases, even though the petitioner is ready and willing to abide by the terms and conditions imposed by the Magistrate for release on bail, he is unable to come out of jail. 8. The petitioner further stated that he has not committed any offence. According to him, he had resigned as Managing Director as well as Director since long and, as such, no case can be filed nor any offence has been made out against him. It is only because the cases are not tried and decided that he is in jail. 9. Alternatively, it was submitted by the petitioner that even if the petitioner will be convicted in some of the cases for some offences, he would be ordered to undergo imprisonment which may be for some time. Unfortunately, as an under-trial prisoner, he has completed more than ten years in jail. He is, therefore, constrained to approach this Court for protection of his fundamental rights by an appropriate direction from this Court to the respondents so that he m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . It is in the above circumstances that the petitioner was sent to jail and is unable to come out. 16. As held by this Court, mere long period of incarceration in jail would not be per se illegal. If the petitioner has committed offences, he has to remain behind bars. Such detention in jail even as an under-trial prisoner would not be violative of Article 21 of the Constitution. If the petitioner has committed non-bailable offences and in connection with those offences, he is in jail, the custody can never be said to be unlawful or contrary to law and he is not entitled to be enlarged on bail. 17. Similar affidavit is filed by C.O. City, Dehradun, Uttarakhand stating therein that various complaints were filed against the petitioner and in pursuance thereof, the petitioner has been taken into custody. 18. We have heard learned Counsel for the parties. 19. The learned Counsel for the petitioner submitted that the petitioner has been in jail since more than a decade. Various cases have been instituted against him in six States. Even though the petitioner has been ordered to be enlarged on bail in some of the cases, he is unable to come out since in other cases, either the investigatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on applies to the case of the petitioner, in view of several cases at various places committed by the petitioner, he would not get the benefit of the aforesaid provision. It was, therefore, submitted that the petition deserves to be dismissed. 24. Having heard learned Counsel for the parties and having gone through the writ petition along with annexures as also counter- affidavits, we are of the view that on the facts and in the circumstances of the case, the petitioner deserves some relief from this Court. True it is that as per the allegation of the prosecution, various offences have been committed by the petitioner and those cases are pending at difference places. But other equally important fact also cannot be overlooked that he is in jail since more than ten years. Prima facie, the submission of the learned Counsel for the petitioner is well-founded that only if the petitioner comes out of jail that he may be able to make arrangement for repayment of amount and also to defend cases registered against him. 25. The learned Counsel, in this connection, invited our attention to a two Judge Bench decision of this Court in V.K. Sharma v. Union of India and Ors. (2000)9SCC449 . In V. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n satisfy the Registrar General of this Court by an affidavit of the situation and the Registrar General can intimate the jail authorities concerned of that position. 5. We make it clear that it is open to the investigating agency in any case to move for cancellation of bail if any such investigating agency finds that petitioner is misusing the liberty granted by this order. (emphasis supplied) 26. This Court thus in V.K. Sharma granted certain relief keeping in view the fact that the accused was in jail since about sixteen months. The Court further held that if the petitioner would be arrested in any criminal case in his capacity as Managing Director/Director of the Company, the Arresting Officer would release him on his executing bond to the satisfaction of the Arresting Officer. 27. The learned Counsel for the respondents, however, referred to a decision of a three Judge Bench of this Court in State of Punjab and Anr. v. Rajesh Syal 2003CriLJ60 . In Rajesh Syal, the respondent was a former Director of a Company. The Company collected huge amount from general public for purchasing land and promised that the amount would be returned after expiry of maturity period fixed through ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be inserted, which reads as under; 436A. Maximum period for which an undertrial prisoner can be detained.-- Where a person has, during the period of investigation, inquiry or trial under this Code of an offence under any law (not being an offence for which the punishment of death has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on his personal bond with or without sureties: Provided that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, order the continued detention of such person for a period longer than one-half of the said period or release him on bail instead of the personal bond with or without sureties: Provided further that no such person shall in any case be detained during the period of investigation, inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law. Explanation.--In computing the period of detention under this section for granting bail, the period of detention passed due to delay ..... X X X X Extracts X X X X X X X X Extracts X X X X
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