Judgment

ORDER :- This Writ Petition has come up for further directions. Mr. U. P. Singh, on behalf of the State of Bihar, has pointed out that the Order made by us on 19th April, 1979* directing release of Sukhan Sah and Ganga Prasad, being under-trial prisoners detained in Bhagalpur Central Jail and mentioned in the list furnished by Mrs. Hingorani on 16th April, 1979, is not correct since on further scrutiny it is found that they do not fall within the category of undertrial prisoners who have been in jail for a period longer than the maximum term for which they could have been sentenced, if convicted. We, therefore, recall our Order directing release of Sukhan Sah and Ganga Prasad. Their cases will be considered by us again when the Writ Petition is taken up for final hearing on the reopening of the Court after the summer vacation.

* Reported in AIR 1979 SC 1377

2. Mrs. Hingorani has handed over to us a list of under-trial prisoners who are accused of multiple offences and who have already been in jail for the maximum term for which they could be sentenced on conviction, even if the sentences awarded to them were consecutive and not concurrent. Now ordinarily when a person is accused of more offences than one, the sentences of imprisonment imposed on him are directed to run concurrently, but even on the assumption that the sentence of imprisonment may be consecutive, these under-trial prisoners, mentioned in the list of Mrs. Hingorani, have already suffered incarceration for the maximum period for which they could have been sent to jail on conviction. There is absolutely no reason why they should be allowed to continue to remain in jail for a moment longer, since such continuance of detention would be clearly violative not only of human dignity but also of their fundamental right under Article 21 of the Constitution. We, therefore, direct that these under-trial prisoners be released forthwith.

3. We have also before us a list of under-trial prisoners furnished by Mrs. Hingorani, which gives the names and particulars of those under-trial prisoners who are accused of multiple offences and who have been in jail for a period longer than the maximum for which they could be sentenced on conviction on the basis of the sentences being concurrent, though, if the sentences of imprisonment imposed on them on conviction were directed to run consecutively, their detention as under-trial prisoners could not be said to have exceeded the maximum term. We do not for the time being, direct them to be released unconditionally but when they are produced before the Magistrates or the Courts of Session, they may be released on bail on executing a personal bond of Rs. 50 only, without any surety and without any verification of financial solvency. We direct that a copy of this Order may be sent through the High Court of Patna to the Magistrates and Courts of Session before whom the cases of these under-trial prisoners are pending, so that the necessary orders granting bail may be passed by them in favour of these under-trial prisoners at the earliest. The High Court may obtain a compliance report from the Magistrates and Courts of Session and submit the same to us by the middle of June, 1979.

4. We pointed out in our earlier judgment dated 9th March, 1979* that speedy trial is a part of the fundamental right guaranteed under Art. 21 and in order to enforce this fundamental right, it was necessary to have particulars as to the location of the Courts of Magistrates and Courts of Session in the State of Bihar together with the total number of cases pending in each of these Courts as on 31st December, 1978 giving yearwise break-up of such pending cases and also explaining why it has not been possible to dispose of such of those cases as have been pending for more than six months. We, therefore, by our order dated 9th March, 1979 called for these particulars from the High Court of Patna and pursuant to our directions, the High Court has sent these particul