The Supreme Court Today (Sept 3) came down heavily on the Madhya Pradesh government for keeping an undertrial accused in jail for eight years in connection with a chit-fund fraud case. While hearing a bail plea by the accused, Justice JB Pardiwala questioned the state’s actions, particularly given the ongoing trial.
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NEW DELHI: The Supreme Court today expressed strong disapproval of the Madhya Pradesh government for detaining an undertrial accused for eight years in connection with a chit-fund fraud case.
The court’s frustration was evident during the hearing of a bail plea filed by the accused, with Justice JB Pardiwala leading the proceedings.
Justice Pardiwala sharply questioned the state’s rationale for keeping the accused incarcerated for such an extended period, particularly when the trial is still ongoing. In a stern tone, he remarked,
“How can you keep someone behind bars like this for so many years, and the trial is pending?”
The state’s counsel attempted to justify the delay by informing the court that approximately 30 out of 77 witnesses had been examined so far.
However, Justice Pardiwala dismissed this explanation, emphasizing that the number of witnesses examined was not the issue at hand.
He criticized the state government for the unreasonable delay in the trial, stating,
“You took 8 years to get only 20 witnesses examined. Chargesheet has been filed 4 years back.”
The state’s counsel further argued that the accused had 11 criminal antecedents, but Justice Pardiwala dismissed this argument, clarifying that if the First Information Reports (FIRs) were related to the same offense, they could not be treated as separate antecedents.
After carefully considering the prolonged detention of the accused and the significant lack of progress in the trial, the Supreme Court decided to grant bail to the accused, exercising its discretion in light of the circumstances.
Click Here to Read Previous Reports on Justice JB Pardiwala
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