Headline
The Supreme Court of India ordered release of POCSO Convict who despite bail was unable to furnish Local surety.
Summary
The Supreme Court of India ordered the release of a POCSO convict, Ramchandra Thangappan Aachari, who remained in custody despite being granted bail in May 2024. The Supreme Court stated that his incapability to bring local surety should not deprive him of his Fundamental Right,right to freedom under Article 21 of Indian Constitution.
Key Facts
- Case Name: Ramchandra Thangappan Aachari vs. State of Maharashtra
- Case No: Special Leave to Appeal (Crl.) No. 3363/2024
- Judges Name: Justice Hrishikesh Roy, Justice Sudhanshu Dhulia, and Justice SVN Bhatti
- The petitioner was convicted under Sections 4, 6, and 8 of the POCSO Act, was sentenced to 10 years.
- Bail was granted to him in May 2024, but the petitioner despite bail remained in jail due to incapacity to bring local surety.
Legal Insights
The Supreme Court of India stated that keeping a convict in custody because of financial incapability to furnish surety violates Article 21 of the Indian Constitution , which gives the right to personal liberty of a person.
Impact
The decision of the Supreme Court makes sure that indigent prisoners can benefit from bail orders without undue financial burdens.
Why It Matters
It showcases the significance of protecting fundamental rights and giving equal access to justice, regardless of financial status.
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