lists of under-trial prisoners filed
before us on behalf of the State of Bihar that the under-
trial prisoners whose names ... violation of their fundametal right
under Article 21 of the Constitution.
Then there are several under-trial prisoners who are
charged with offences which
four petitioners who are merely under-trial prisoners awaiting trial could be kept in leg irons contrary to all prison regulations and in gross violation ... months without their trial having commenced before the courts of magistrates. The detailed particulars in regard to the under-trial prisoners may be furnished
Criminal Procedure 1973-Ss. 167(5) & 468-
Release of under-trial prisoner when Magistrate not
satisfied with necessity of continuing investigation or
charge-sheet ... their fundamental right under Article 21.
We, therefore, direct the Government of Bihar to scrutinise
the cases of under-trial prisoners charged with offences
which
under-trial prisoner is granted the facility of
interviews with relatives and friends twice in a week under
Rule 559A and a convicted prisoner ... under-trial prisoner is granted
the facility of interviews with relatives and friends twice
in a week under Rule 559A and a convicted prisoner
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 ... also of their
fundamental right under Article 21 of the Constitution. We,
therefore, direct that these under-trial prisoners be
released forthwith.
We have also
competent to investigate the offences
arising from the blinding of the under-trial prisoners and
the State Government acted within its powers under section ... State Government under Section 3 of the Indian Police
Act, 1861 to investigate into twenty four cases of blinding
of under-trial prisoners where allegations
which the jail is situated:
(i) a list of all under-trial prisoners giving the date of
entry, the nature of the offence showing separately ... Maharashtra
requiring them-
(1) to send a list of all under-trial prisoners to the
Legal Aid Committee of the district in which the
jail
accused persons are kept in prison for very long period as under-trial prisoners and in some cases the sentence of imprisonment ultimately awarded ... fraction of the period spent in jail as under-trial prisoner. Indeed, there may even be cases who such a person is acquitted. No doubt
Vitiation of trial-Art. 21 Constitution
of India.
Criminal Procedure Code , 1973- S. 167(2)(a) -Right of
under-trial prisoner-Release on bail-Entitlement ... avoid such a possible
eventuality. [765F-G]
3. When an under-trial prisoner is produced before a
Magistrate and he has been in detention
under Article 226
and in case of breach of any fundamental right of such person or
determinate class of persons, in this Court under Article ... Where the weaker sections of the community are
concerned, such as under-trial prisoners languishing in jails without a
trial, inmates of the Protective Home
