MUMBAI: In a script straight out of a dark Kafka story, a man acquitted of a double murder spent ten years locked up in jail—five years as an undertrial and another five after his acquittal as he could not come up with the bail for his release.
“This is a sin,’’ exclaimed a division bench comprising Justice Bilal Nazki and Justice A R Joshi on Tuesday on the plight of Madankumar Mandal who was produced in court. The judges ordered that Mandal, who appears to be in his 30s, be released immediately on a personal bond. The court also expressed the need for framing guidelines in cases dealing with the arrest of an accused who has been acquitted on an appeal by the state (Section 390 of the Criminal Procedure Code).
Mandal was arrested for the murder of senior citizens S M Chinoy and his wife Taswinuhen at their home in Sriniketan building, New Marine Lines, in August 1998. The police claimed that Mandal, who used to work in the building, was the murderer as they had allegedly found his fingerprints in the flat. Five years later, on July 31, 2003, a sessions court acquitted Mandal for lack of evidence. Almost a year after tasting freedom, Mandal was rearrested on March 11, 2004 when the high court admitted an appeal filed by the state against his acquittal.
The sessions court rejected his bail application in June 2005, but a month later the high court ordered his release on bail for Rs 20,000.
Unable to come up with the amount, Mandal’s application again came up before the high court in July 2007 when the HC reduced the bail amount to Rs 10,000. Mandal once again filed an application. The judges realised that Mandal was still in jail as he had been unable to arrange for the money or sureties ordered by the court. Expressing shock at the fact that a man acquitted of a crime was still in jail, the judges ordered that he be produced in court.
“In view of the directions from the court, the police produced Mandal from Arthur Road jail where he is presently lodged,’’ said additional public prosecutor Usha Kejriwal. The court, while ordering Mandal’s release, also directed that the records in the case be sent to the Chief Justice.
(News appeared in Times of India)
