Observing that keeping an accused behind bars for an uncertain and endless period will amount to incarceration, a sessions court has granted bail to a 36-year-old Colaba resident arrested for swindling his landlord in lakhs by promising a job in the city’s civic body.
Jails overcrowded by undertrial prisoners: Judge
The bail plea of Jitu Khaire had claimed he works for the Mantralya’s Public Works Department. His bail plea had been rejected by a Dadar magistrate court. He had approached the sessions court against the order. In a detailed order, the sessions court has said that there is no certainty when the trial will begin and keeping the accused behind bars for an uncertain and endless period will amount to undue incarceration. Additional Sessions Judge MG Deshpande also noted that in Mumbai and the whole country, all jails are overcrowded by undertrial prisoners.
Accused sought bail saying chargsheet filed, probe over
The court further remarked in its order that in a situation where the applicant bail plea was rejected (by magistrate court) and he is an undertrial prisoner, (the court) should have fixed the schedule for his expeditious trial. The order said further that even after filing the chargesheet, the investigating agency is not sure of forgery (for a fake appointment letter). The police had forwarded the appointment letter given by Khaire to the complainant to verify whether it is genuine or fake, but the civic body had not responded to it.
Advocate Sunil Pandey had appeared for Khaire and sought bail for him on the grounds that the chargesheet is filed and investigation is over. He had further contended that there is nothing to attract the offence of forgery.
