123 Kolkata: A terminally ill undertrial accused of the murder of a woman and in jail for four years and three months was granted bail by the Calcutta High Court on the grounds of a delayed trial.
The undertrial, Mafikul Islam, is one of the 30 terminally ill prisoners in the state. A complaint was lodged against him with Raninagar PS under section 302 (murder) of the Indian Penal Code (IPC) on June 11, 2020. The charge sheet was submitted on Aug 28, 2020, but the trial was yet to commence. His bail application was rejected by Additional Session Judge 2nd Court, Lalbagh, Murshidabad on Aug 19, 2024.
The division bench of Justice Joymalya Bagchi and Justice Gaurang Kanth on Friday granted him bail "as there is no chance of trial concluding in the near future".
The accused allegedly attacked the complainant's mother with a ‘hasua' after an altercation over water. The victim succumbed to the injuries. Advocate Trina Mitra was appointed by the Legal Service Committee of the Calcutta High Court for this matter. The accused is poverty-stricken and is also suffering from paralysis due to heart ailments and got infected by scrub typhus.
By an earlier order on Aug 22, Justice Bagchi noted that as per the report of the State Legal Services Authority (SLSA), out of 30 terminally ill prisoners in correctional homes, seven were granted bail, one passed away and three bail applications were rejected. The High Court Legal Services Committee was directed to examine these three rejected bail applications and file appeals before the HC on medical grounds.