Mathew Areeparmtil & Ors. v. State of Blhar and Ors.
Case brief
What is this about?
Mathew Areeparamtil & Ors. v. State of Bihar & Ors. (party names as printed show OCR corruption: 'MATHEW AREEPARMTIL', 'STATE OF BlHAR') — Supreme Court of India, Writ Petition (Criminal) Nos. 371-75 of 1983, decided 20 September 1984, coram Fazal Ali, Varadarajan and Sabyasachi Mukharji, JJ. Article 32 writ petitions concerning adivasi undertrial prisoners in Bihar languishing in jail without trial for petty offences; directions for release on personal bond by category (sentence of 7 years or more; trial commenced; no proceedings within 3 years of FIR; no chargesheet/investigation in 3 years with reinvestigation and Magistrate's permission for arrest); Section 169 and Section 144 Cr. P.C.; reliance on principles in 1983 (4) SCC 161 at page 169; caution to Adivasi accused against violence on Government/forest officers.
What did the court decide?
Petitions disposed of in terms of the Court's Order: category-wise release of the adivasi undertrial accused on personal bonds; release forthwith under section 169 Cr. P.C. where no proceedings took place within 3 years of the FIR; release subject to reinvestigation where neither chargesheet was submitted nor investigation completed in three years, with no arrest without the Magistrate's permission; and a direction that Section 144 Cr. P.C. not be misused.