Pretrial detainee has been behind bars for 8 years, Supreme Court reprimands Madhya Pradesh

The Supreme Court has slammed the government of the Indian state of Madhya Pradesh for imprisoning an accused for eight years in connection with a chit fund scam.

While hearing the accused's bail application, Justice JB Pardiwala questioned the state's approach, particularly in view of the ongoing trial.

A visibly dismayed Judge Pardiwala said: “How can you keep someone behind bars for so many years while the trial is pending?”

The public prosecutor informed the court that around 30 out of 77 witnesses had been examined. Justice Pardiwala, however, said the number of witnesses was irrelevant and reprimanded the state government for the inordinate delay.

“It took them eight years to interview only 20 witnesses. The indictment was filed four years ago,” he stressed.

The prosecutor argued that there were 11 criminal records against the accused. However, the judge rejected this claim on the ground that if the FIRs relate to the same offence, they cannot be considered as criminal records.

After taking into account the lengthy period of pre-trial detention and the lack of progress in the case, the court exercised its discretion and granted bail to the accused.