Supreme Court Order: Do Not Detain Those Unable to Post Bail for More Than Six Months

The Supreme Court has ordered that individuals who remain in detention due to their inability to post bail should not be kept in custody for more than six months. This decision was made during the interpretation of a case involving a person detained for failing to pay a fine after serving a prison sentence for a banking offense.

Key Points of the Order:

1. Cases Must Be Decided Within Six Months:

   • According to the Criminal Procedure Code, individuals unable to post bail to cover fines can only appeal while in detention. Section 137(6) of the Code requires such cases to be resolved within six months.

   • The court has ordered that if a decision is not made within six months, the detainees should be placed on a date (released on their recognizance) while the case proceedings continue.

2. Release from Detention:

   • Individuals detained for failing to pay fines must be released if their case is not decided within six months.

   • However, this provision does not apply to those under a direct detention order.

3. Special Order:

   • A full bench of five judges issued an order in the name of Mahendra Prasad Mishra, accused of a banking offense, stating: "If the appeal is not decided within six months of being filed while in custody, the individual should be released from custody and the case should proceed with the defendant released on their recognizance."

Conclusion:

This order aims to provide legal protection to those detained for their inability to post bail, ensuring they are not held in custody for extended periods. It is an important step toward strengthening the judicial process and upholding human rights.