Accused Entitled To Seek Bail On Sole Ground Of Arrest Violating 'Arnesh Kumar' Guidelines : Madhya Pradesh High Court.

20 May 2021

Accused Entitled To Seek Bail On Sole Ground Of Arrest Violating 'Arnesh Kumar' Guidelines : Madhya Pradesh High Court.

Days after it saw that the need of great importance is to promptly decongest correctional facilities, the Madhya Pradesh High Court on Monday (May 17) guided the High Powered Committee to consider the ideas got by it and make its suggestion with respect to the arrival of prisoners. The Bench of Chief Justice Mohammad Rafiq and Justice Atul Sreedharan noticed consequently in a Suo Moto Writ Petition started taking into account the remarkable circumstance looked by the nation and Madhya Pradesh following the second flood of COVID-19.

On Monday, it was educated to the Court that notwithstanding suggestions of the High Powered Committee in its gathering hung on May 12, the quantity of detainees held up in various correctional facilities of the State of Madhya Pradesh, which was 45,582 (on May 7), as against their absolute limit of 28,675, won't be generously diminished.

suggestion put forth-

In this way, it was presented that the ideal object of decongesting the prisons may not be accomplished and hence, it was proposed that the High Powered Committee should consider suggesting the arrival of all such convicts on parole, who have either served out 33% of the meaningful sentence granted to them or whenever condemned to life detainment, have finished imprisonment of seven years or more.
Furthermore, the Senior Counsel and Amicus Curiae proposed that the High Powered Committee should likewise consider suggesting arrival of all such under-preliminary detainees on between time bail, who are confronting preliminary for offenses only offense by the Court of Magistrate paying little heed to the external furthest reaches of the sentence. Third idea given by them was that the High Powered Committee ought to likewise consider suggesting the arrival of all ladies detainees, the two convicts and under-preliminary, paying little heed to the offense for which they have been indicted and the sentence granted to them or the most extreme sentence that perhaps granted to them upon conviction. In this way, the Court coordinated that the information under every one of these three classifications be given to the HPC, and it will, thus, assemble its gathering and consider the previously mentioned ideas while giving its proposal.