The Supreme Court has granted bail to a 65-year-old man suffering from 50% visual disability, expressing dismay that the accused had to approach the apex court for such relief in a case triable by a magistrate.
A bench of Justices Abhay S Oka and Ujjal Bhuyan, while allowing bail, observed, “It is very unfortunate that in such cases, the accused has to travel up to this court for getting bail.” The court noted that the man had been incarcerated for over seven months and that the chargesheet in the case had already been filed.
The bench passed its order on May 19, directing that the appellant be produced before the trial court within a week. The trial court has been asked to release him on bail on appropriate terms and conditions.
“The trial court shall enlarge the appellant on bail… including the condition of regularly and punctually attending the trial court on every date and cooperating with the trial court for early disposal of the case,” the order stated.
The man was arrested in a case involving allegations of cheating and forgery. He faces prosecution under Sections 420 (cheating), 467 (forgery), 468 (forgery for purpose of cheating), and 471 (using forged documents) read with Section 120B (criminal conspiracy) of the Indian Penal Code, 1860. All the charges are triable by a magistrate.
The Supreme Court’s remarks underscore concerns over delays in granting bail and the burdens placed on undertrial prisoners, especially those with physical disabilities and elderly individuals, in navigating the justice system.
