New Delhi: The Rajasthan High Court said it is responsibility of a State to provide security to a prisoner or undertrial facing criminal cases while directing the State to refund 70,497 to the son of accused in the famous 2011, abduction & murder case of Bhanwari Devi.
A single judge bench of Justice Dinesh Mehta, has allowed the application filed by accused, Amarchand and directed state Govt to do needful within eight weeks.
Amarchand’s Counsel Yashpal Khileri said that his client had received interim bail from October 5, 2019 to October 7, 2019, but he was asked to deposit Rs 70,497 by the Police for assistance/custody during the bail period. He said that neither the petitioner nor his family were in a position to fulfill this demand of the Superintendent of Police.
The respondent counsel refuted the arguments made by petitioner and submitted that the son of the applicant was in Government Job and justified the recovery of the cost.
But the Court, turned down the arguments made by the respondent and said that State was asked to provide security to the applicant pursuant to the orders of this court and directed police to refund the cost recovered.
“Unless the Court directs the amount of security/police assistance to be recovered from the applicant, the State cannot recover any amount towards security or police assistance from any accused or his family,” said the Court.
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It further held, “normally, while granting interim bail to an accused the Court does not release him in police custody. Police custody is ordered if the Court apprehends that the accused would flee and/or there is threat of life to the accused.”
-India Legal Bureau