MANORANJAN KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) I .A. No. 1704 of 2012 is preferred for suspension of sentence, for temporary or for limited period.

(2.) IT is unfortunate for the State that despite the order of this Court dated 16th January, 2013, no care has been taken by the I.G. (Prison) or by Superintendent of Police for filing any affidavit on behalf of the State. This type of attitude is detrimental to the interest of the State and to the entire, rank and file, of the State. It is conveyed by the counsel for the State that the State authorities or the Jail authorities are not maintaining, any data, as to how many accused are absconding after getting provisional bail or after getting suspension of sentence order for limited period. It is bounden duty of the State to maintain such record indicating how many convicts or under -trial prisoners who were in the judicial custody and how many are absconding or have not surrendered after getting temporary bail or after getting suspension of sentence order for temporary period. The State has failed to perform this vital duty as a Police State. Every State is firstly the Police State and thereafter a welfare State. It is misfortune of the State that no data is properly maintained about absconding accused.

(3.) THE Jailor of Birsa Munda Central Jail, Ranchi is present in the Court; It is submitted by him in the open Court that they are not maintaining such data showing return of under -trial prisoners or convict, on the page on which, entry about his release is made. Once accused are going out of the jail for temporary period they have to return on their own and if they do not return, the Jailor of Birsa Munda Central Jail, Ranchi is unable to point out whether the jail authorities are keeping the track of such type of under -trial prisoners / convicts or not. When the Courts are passing the order for temporary release from the judicial custody, they have to maintain detailed data about the convict or under -trial prisoners and whenever Court is asking, the jail authority, whether such under - trial or convict has returned to the judicial custody or not, answer must come from the authorities promptly.