# have already spent in jail

- **Citation:** C.L. No. 85/VIIIg-38
- **Court:** Allahabad High Court
- **Decided:** 1982-12-24
- **Case number:** C.L. No. 85/VIIIg-38
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/have-already-spent-in-jail-163504
- **Pages:** 2

## Text

305

The breakup of the total number of
under trials according to the
number of completed years of
detention
The total number of under trials who
have already spent in jail
Remarks
Note:-
Where the accused
is released on disposal
 of the case, the date
of disposal should
 be noted in this column.
Equal
to
the
period
of
imprisonment,
had
they
been
convicted
Exceeding the
maximum
period
of
imprisonment
had they been
convicted
9
10
11
12
1
yrs
2
yrs
3
yrs
4
yrs
5
yrs
Above
5
years
.
C.L. No. 85/VIIIg-38 Admn. (G) dated 24th December, 1982

The Court has noticed that in petty cases involving short sentences the under
trials are detained in Jail for periods even longer than what they will be required to
undergo as imprisonment in case of their conviction for the offence for which they are
detained.

It has also come to the notice of the Court that in some cases the appeals of the
accused persons who are convicted and awarded short sentences are not disposed of
promptly with the result that the convicted persons serve out the sentences awarded to
them even before their appeals come up for hearing.

In order to avoid the anomalies mentioned above, the following guidelines are
issued for strict compliance in future:-
(i)
After inspection of Jail, the Chief Judicial Magistrate or Additional Chief
Judicial Magistrate, as the case may be, should point out such cases as
described in the first paragraph of this letter to the Magistrates concerned who
may release such under trials on nominal bail or on personal bond.
(ii)
In case of appeals against convictions involving short sentences either such
appeals should be disposed of on priority basis or, if that is not possible due to
pressure of work, the court should invariably pass orders for suspension of
sentence pending appeal and for releasing the accused on bail or on his own
bond.
Even in cases of appeals against conviction, which do not involve short sentence,
if the court is of the view that it may not be possible looking to the pendency of appeals,
to dispose of such appeal before the expiry of period of sentence, the court should follow
the above procedure.
Task force to reduce the under trial prisoners languishing in jail

Letter No. 406/Admin.G-II dated 10.01.2011

I have been directed to say that Statements/reports regarding disposal of cases of
under-trial prisoners received from the District Judges were placed before the Hon'ble
Committee and on the basis of reports received from various districts about the under trial
306
prisoners languishing in jail and after careful consideration of the matter, the Committee
has directed as under:-
―1. For the cases fixed for appearance, all the Trial Judges be asked through the
District Judges to ensure attendance of accused who have not yet appeared, by
coercive measures where other accused are detained in jail unnecessarily. In such
cases, if need be, the bail of such accused may be cancelled and they may be
taken into custody. Such cases where the accused are detained in jail for a
substantial period, may be separated in exceptional circumstances and proceeded
with expeditiously.
2. For the cases pending at the stage of committal to the Court of Sessions, all the
Magistrates be asked through the District Judges to ensure that all such cases be
committed to the Court of Sessions within three weeks positively.
3. For the cases pending at the stage of charge, all the Trial Judges be asked
through the District Judges to ensure that the charges are framed forthwith and the
trial of these cases be concluded at the earliest, if possible, within a period of six
months.
4. In respect of the cases pending for evidence, all the Trial Judges be asked
through the District Judges to ensure that the evidence be concluded and the cases
be disposed of at the earliest, if possible, within four months.
5. For the cases pending for arguments, all the Trial Judges be asked through the
district Judges to ensure that the cases be decided positively within one month and
compliance report be sent to the High Court.
6. For the cases which are shown to be stayed, the District Judges be asked to
submit report about the complete details of the cases stayed and also about the
details of the matter. In which, the stay order has been passed by the Superior
Courts.‖
I am, therefore, to request you to kindly to ensure compliance by all concerned
and to submit compliance report after one month in accordance with the directions of the
Committee.
(iv)
Grant of certificate of exemption from personal attendance to under trials
for going abroad
C.E. No. 136 dated 11th November, 1971

The under trials sometimes apply for temporary restoration of passport facility
either refused or impounded, to proceed abroad for short periods in connection with their
business and there is a possibility of their influencing witnesses for tampering with
documentary evidence. Before granting the certificate for exemption from personal
attendance during the pendency of the case, the Magistrates should take the following
points into consideration:
(i)
The court is in a better position to judge whether an accused's visit abroad is
likely to affect the administration of justice;