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2008 DIGILAW 18 (PAT)

In The Matter Of News Reports v. State Of Bihar

2008-01-07

CHANDRAMAULI KR.PRASAD, RAJESH BALIA

body2008
Judgment 1. This matter has been registered as CWJC suo motu by way of Public Interest Litigation for the purpose of ensuring that in the State newly introduced provision of Sec. 436A of the Code of Criminal Procedure, 1973, hereinafter referred to as the Code, is implemented in letter and spirit so that the benefit of the provision reaches the under-trial prisoners substantially and after inviting suggestions from the different interests. 2. This Court issued first direction on 14.8.2006* and thereafter the matter has been coming before this Court time and again to monitor the progress of the matter. 3. We further find that detailed direction had been issued by this Court on 16.10.2006. The tenor of this order suggests that this petition was disposed of by that order and it was only by way of keeping a periodical superintendence for the effective or continued implementation of the beneficial provision of Sec. 436A of the Code for the under-trial prisoners, the matter was to be brought before the Court on the note of the Registry, if the periodical reports are not received, the matter may be placed alongwith the office notes. 4. Pursuant thereto the subsequent orders have noticed the periodical reports submitted by the State authorities with statistics about the cumulative number of prisoners, number of prisoners who are entitled to the benefit of the provisions of 436A of the Code, total number of cases that have been disposed of and number of persons who are still confined to the prisons and other related data about those who have not been able to avail the benefit of Sec. 436A of the Code. 5. In very nature of things, the statistics continue to vary from time to time. There is always time lag between the entitlement of under-trial prisoners to get the benefit of being released on bail and their actual release. For those who are not in a position to avail the benefit of professional services of lawyers, the Court has directed the assistance to be rendered through legal Services Authority when the matter is brought to their notice. 6. Thus now it is a matter of only keeping a periodical superintendence on the implementation of the provisions and not requiring any regular direction. 7. 6. Thus now it is a matter of only keeping a periodical superintendence on the implementation of the provisions and not requiring any regular direction. 7. In the aforesaid circumstance, we direct that a report in this regard be submitted by the learned Additional Advocate General every quarter and that may be brought to the notice of the Chief Justice in Chambers and this case may be listed before this Court for further direction, only on direction of Chief Justice. 8. The petition accordingly, stands disposed off.