The Bombay High Court on Monday said petty offenders languishing in jails as they are unable to secure bail should be compensated. The compensation should be either by the state or the person responsible for the delay in the procedure for securing bail, be it police officers or magistrates, the court said.
The court had ordered jail authorities across the state to produce offenders booked for petty ‘breach of peace’ cases before magistrates, if they have been in jail for long. In what is called ‘chapter proceedings’ (referring to relevant chapter of CrPC), a person is arrested and asked to give a bond if he/she is found guilty of breach of peace and other minor offences.
The HC had been earlier informed that manysuch offenders remain in jails due to their inability to give a bond. Advocate Yug Chaudhary, who is assisting the court, had said that in Yerawada jail alone, out of 68 inmates booked for bailable offences, 42 have been lodged under chapter proceedings.
The court had observed that chapter proceedings have to be terminated after six months, and the person has to be released and ordered that all such offenders be produced before a magistrate. If a person can’t be released even after getting bail as he or she can’t furnish a bond, he/she should be produced before the magistrate soon, the court said.