Kept in Jail 60 Days After Getting Bail? Calcutta High Court Awards Rs 5.36 Lakh: What the Law Says

What happened?

The Calcutta High Court has ordered the State of West Bengal to pay Rs 5.36 lakh to a man who stayed in jail for 60 days after he got bail. This is according to Bar & Bench, LiveLaw, Millennium Post and LawChakra.

The man is a tea garden worker. He was named in three cases at the Kumargram police station. As reported, he got bail in all three and gave the sureties (people or money who promise he will attend court).

He should have been released on 6 August 2018. He was let out only on 5 October 2018.

The case is Joy Krishna Nag v. State of West Bengal. It was heard by Justices Debangsu Basak and Aryak Dutt.

Why was he not released?

The State told the court about another case against him. As reported, it was a ‘peace bond’ case. Police said he had broken a bond to keep the peace in his area.

The State said he had to stay in custody so that he could be produced before the court in that case.

The court looked at the orders in that case. It found that they did not ask for him to be kept in custody once he had bail in the three police cases.

What did the High Court decide?

The court said his detention between 6 August and 5 October 2018 ‘was not sanctioned by law’. In plain words, nobody had the legal power to keep him inside.

So he was entitled to compensation (money paid for a wrong done to him).

He had asked for Rs 20 lakh. The court did not find enough material to give that much.

It worked out his lost pay at about Rs 600 a day for 60 days, which is Rs 36,000.

It added Rs 5 lakh for his mental suffering. The total is Rs 5,36,000. As reported, the State must pay within four weeks.

What does the law say about bail?

The case happened in 2018, under the older CrPC. Today the same rules sit in the Bharatiya Nagarik Suraksha Sanhita (BNSS). These are the main sections:

• Section 478: if the offence is bailable (bail is a right), the person must be released once he is ready to give bail.
• Section 480: in a non-bailable offence, a Magistrate or police officer may grant bail. There are limits for very serious offences.
• Section 483: the High Court and the Sessions Court have special powers to grant bail.

Once a court grants bail and the bonds are filed, the court sends a release order to the jail.

What is a peace bond?

BNSS section 126 lets an Executive Magistrate act when someone is likely to disturb the peace. The Magistrate can ask the person to show why he should not sign a bond to keep the peace. The period cannot be more than one year.

This is a step to prevent trouble. It is not a punishment for a crime.

The High Court’s point here is narrow. A peace bond case does not by itself allow jail to hold a person who has bail in other cases. There must be an order that asks for custody.

What can you do if release is delayed?

Act on the same day. Do not wait.

First, find out if there is any other case or warrant against the person. Ask jail staff or the court clerk for the order that is holding him.

If no such order exists, a lawyer can ask the court that granted bail to direct release. If it is still not fixed, a habeas corpus petition can be filed in the High Court.

This order does not mean compensation is automatic. Each case turns on its own facts, and this one took years to decide.