NEW DELHI: The Supreme Court on Monday came down heavily on the state of Madhya Pradesh for keeping a person behind bars (in custody) for eight long years in connection with a chit-fund fraud case, while granting him bail in the matter.“How can you (MP Police) keep someone behind bars (in custody) like this for so many years, and the trial is pending?” a bench of the top court, led by Justice JB Pardiwala, observed and slammed the state police for this kind of act on the accused, DK Singh.“We are granting the accused bail. He has been in custody for the past eight years,” the top court said.Around 30 out of 77 witnesses have been examined, the counsel of the MP government informed the top court.Hearing the submissions, a visibly upset Justice Pardiwala, even questioned, “Let it be 777 witnesses. It even doesn’t matter. You took eight years to get only 20 witnesses examined. The chargesheet was filed four years back in the case against the accused person. Eight long years have gone by. The man has been in custody since then,” the apex court observed.Justifying its stand in keeping the accused in custody for so long, the lawyer further submitted to the apex court that there were 11 criminal antecedents as well in the case.“If you are saying that there are FIRs (First Information Report) registered against him on the same offence, then that cannot be called antecedents,” Justice Pardiwala said.In a recent judgment, the SC, while granting bail to an accused person, observed that “bail is the rule, jail is the exception” has been a guiding principle in Indian criminal jurisprudence, particularly emphasizing the protection of personal liberty guaranteed under Article 21 of the Constitution.The principle underscores that the right to bail should not be lightly denied and that the deprivation of liberty should be a last resort, exercised only under compelling circumstances.Also in top courtSC moved by woman’s fight against divorceA woman fighting a protracted legal battle against a family court granting the decree of divorce in favour of her estranged husband thrice has moved the apex court to the extent that it said the judicial system was “grossly injudicious” to her. The woman, who got married in 1991, gave birth to a son a year later and was deserted by her husband. The family court in Karnataka did not regard that he was not paying maintenance to her or their minor child.SC notice to Bihar legislative councilThe top court on Tuesday sought the response of Bihar Legislative Council after RJD leader Ram Bali Singh filed a plea challenging his disqualification as an MLC. The two-judge bench issued notices to the state legislative council, its secretary, and the complainant. The court posted the matter for further hearing on October 25. Singh’s appeal challenged an order of the Patna High Court which had dismissed his plea against disqualification.
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