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Synopsis

The Bombay High Court recently granted bail to a man and awarded him compensation of Rs. 4.2 lakh after determining that he was wrongfully arrested.

A single-judge bench of the High Court, comprising Justice SG Mahare, was hearing a second bail application filed by a man accused of assault and attempted murder.

In this second bail application, the complainant submitted an affidavit stating that the applicant had not assaulted him and was not involved in the crime.

However, the court noted that in the affidavit, the complainant stated his occupation as a labourer, whereas he was a businessman.

The complainant admitted that due to misunderstanding and incorrect information, he had mentioned the applicant's name to the police during the crime registration.

In its order, the bench noted that based on these allegations, the crime was registered against the applicant, who was subsequently arrested on 07.02.2024 and had been in jail since.

The court remarked that the complainant seemed to manipulate the police, the court, and other authorities at his will. It further emphasized that the entire government machinery was mobilized due to the complainant's false report, resulting in the wrongful arrest of the applicant.

“It is most painful in our country to stay in overcrowded jails. The condition of jail and inmates is miserable. Due to overcrowding in the jail, the under trials or the accused often do not get a place to sleep. They suffer from many contagious diseases. His fundamental right to liberty has also been curtailed only due to the false and incorrect identification of the applicant by the complainant,” the order reads.

The bench in its order also emphasized the need for compensation in such cases while noting that, “The question is who will compensate the applicant for wrongly involving in the crime, and resultantly detaining him in jail for around six months? It is now a high time to take the matters seriously who are putting the machinery at their fingers. No citizen has a right to put the machinery into action on such an irresponsible statement and curtail the fundamental rights of a single person. The applicant has lost six valuable months of his life without any reason. Therefore, he must be compensated. Liberty cannot be measured in money. However, monetary compensation is the general practice,” the order reads.

Therefore, the bench granted him bail and directed the accused to pay a sum of Rs. 4.2 Lakhs as compensation to the applicant.

Case title: Thakan Nitin Bhausaheb Alhat vs State of Maharashtra