The Manipur High Court recently granted bail and suspended the sentence of a man convicted under the POCSO Act for sexually assaulting a three-and-a-half-year-old girl.
In 2018, the petitioner was sentenced to life imprisonment by a trial court. He appealed the decision, seeking suspension of his sentence and bail, primarily citing medical reasons.
Justice MV Muralidaran considered the petitioner’s serious health condition while passing the judgment. The Court emphasized that an undertrial’s right to life does not diminish in jail.
“Health concerns of such individuals must be addressed by the State, and if not, by the judiciary. The right to dignity of an accused extends beyond prison gates and continues until their last breath,” the Court stated.
The judge stressed the necessity of adequate medical treatment for the petitioner, highlighting that every accused deserves humane treatment. The Court also noted several flaws in the trial court’s judgment and acknowledged that the appeal would not be addressed soon.
Despite the seriousness of the offence, the State opposed the bail plea, arguing that the jail had adequate facilities for the petitioner’s treatment.
The Court referenced the Supreme Court judgment in the case of Union of India v Ram Samujh, which stated that bail and suspension of sentence could be granted if there were reasonable grounds to believe the accused was not guilty and unlikely to commit an offence while on bail.
The judge also underscored the importance of the right to life and liberty, which remains during the appeal period, as an appeal is a continuation of the trial.
As a result, the petitioner was released on bail after furnishing a bond of ₹50,000.
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