(1.) This writ petition was filed before this Court on 27th November, 1998 as a habeas corpus petition in which a prayer was also made for payment of adequate compensation to the petitioner for his delayed trial on account of the laches on the part of the State resulting in deprivation of his fundamental right to speedy trial. It was submitted at the hearing of this writ petition that the petitioner has ultimately been acquitted by the Trial Court but only after he has suffered incarceration for long fifteen years.
(2.) The facts of the case are that the petitioner was arrested in connection with a case of murder in which it was alleged that he had committed the murder of his mother. By order dated 16.2.1984 passed by the ACJM, Danapur the petitioner was remanded to judicial custody. It also appears from the record that an order was passed extending to the petitioner the benefit under Section 167(2) of the Code of Criminal Procedure for his release on bail, since the charge-sheet had not been filed within the prescribed period. However, on account of poverty and consequent inability on the part of the petitioner to furnish adequate bail bonds, he was deprived of the benefit to which he was entitled by reason of the charge-sheet not being filed within time. The petitioners therefore, continued to languish in jail.
(3.) On 21.8.1986 the Superintendent, Phulwari Jail reported to the Court that the petitioner was found to be of unsound mind on 20.8.1986 and therefore, required treatment in a mental asylum. It was, therefore, recommended that he should be sent to mental asylum for treatment. It is not clear from the record as to what action was taken thereafter. But it appears that a letter was written by the Jail Superintendent, Phulwarisharif Camp Jail to the Court on 28.4.1988 that since no escort party was available, it was not possible to send the petitioner to the Mental Asylum at Ranchi. From the letter of the Jail Superintendent, it appears that some directions had been issued earlier to him by the Court to send the petitioner to the Mental Asylum at Ranchi. It, however, appears that on 23.7.1987, the Court had passed an order for sending the petitioner to the Mental Asylum at Ranchi.