Kolkata: Following Calcutta High Court’s order, seven out of 17 terminally ill undertrials were granted bails unopposed while for four inmates it’s pending before lower court. Similarly, out of 13 terminally ill convicts, four were declared severely unfit by DLSA South 24 Parganas and one is unwilling to leave as she has no family members left to take care of her.
Bail applications of three undertrials were rejected and one has passed away. Justice Joymalya Bagchi directed the High Court Legal Services Committee to examine their cases and file it before the High Court if the committee secretary opines that they are terminally-ill. Trial courts were requested to deal with the pending bail applications of other terminally ill undertrial prisoners at an early date by the division bench on Thursday.
Meanwhile, out of 13 convicts, two have passed away and one is unwilling to be released from the correctional home. “She will be extended necessary medical treatment in the correctional home and if the medical assistance is not adequate, she will be transferred for treatment to a government hospital,” Justice Bagchi directed.
With regards to other convicts, applications for suspension of sentence have been filed through the High Court Legal Services committee. DLSA South 24 Parganas have submitted a report stating that four convicts are severely unfit. Out of which, criminal appeals were preferred by three of the convicts. The committee was asked to take steps to pray for suspension of sentences of these convicts while with regard to another terminally-ill convict, SLSA was asked to take steps to inform the family members that he may be released on bail/parole for medical treatment.
By an earlier order, for undertrials, District Legal Service Authority (DLSA) was directed to take out bail applications on medical grounds which will be considered by the jurisdictional court. For convicts with appeal pending, the same authority along with SLSA, were directed to take out applications for suspension of sentence to be considered by appellant authorities and for convicts with no appeal pending, the government shall consider releasing them on parole.