SC Emphasizes Police Responsibility in Ensuring Accused Persons’ Court Appearances

The Supreme Court has recently emphasized that it is the responsibility of the police to ensure that individuals accused in criminal cases and held in custody are promptly presented before the trial court.

A bench comprising Justice BR Gavai and Justice Prashant Kumar Mishra has pointed out that any negligence on the part of the police cannot be attributed to the incarcerated accused.

The Court made the observation in a case where the Uttar Pradesh police opposed the granting of bail to an individual, citing his failure to appear before the trial court, leading to the issuance of warrants for his presence.

However, the judges highlighted that the accused should not be held accountable for this lapse since he was in prison at the time. The Court stated, “Since the petitioner is in prison, therefore, it was the duty of the police authorities to produce him before the Trial Court. The petitioner cannot be blamed for the negligence on behalf of the police authorities.”

The Supreme Court addressed an appeal filed by the accused individual against an Allahabad High Court decision that had denied his bail application.

The appellant, in this case, was a government employee responsible for a Jan Sewa Kendra and faced accusations of defrauding vulnerable investors.

The Supreme Court acknowledged that the accused had been in custody for over a year, and the chargesheet had already been filed. Considering these factors, the Court proceeded to grant bail to the accused individual.