The Supreme Court has released a murder convict on bail, after he spent 26 years in jail, subject to the condition that he will not enter Mahoba district in Uttar Pradesh. In April 1980, Bharat was convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life.
In 2000, in view of a government order, all the lifers were released. The said order was later set aside by the High Court of Allahabad and they were again taken into custody for serving the remaining period of sentence. Thereafter, Bharat filed a writ petition seeking his release from the custody of the state which was disposed of directing the competent authority to examine the question of release of petitioner in the light of provisions of law and the government orders passed from time to time. It seems that the decision of competent authority was not in his favour.
This year, he filed a bail application before the apex court, which was allowed by a Bench comprising Justice Kurian Joseph and Justice RF Nariman. The Bench imposed a condition that he should not enter Mahoba district, in view of the District Magistrate report that the disputes between the parties is still exist and there is likelihood of further problems, if the petitioner is released on bail. The Bench said: “Having regard to the undisputed factual position that the petitioner has spent 26 years of actual jail period and about 33 years, if the remission is also included, we are of the view that the petitioner needs to be released on bail.”
The contempt petition he had filed, however, has been dismissed.
SOURCE AND CREDIT: LIVE LAW