Can't refuse lifer bail inordinately if her appeal is delayed: Calcutta HC

Kolkata, July 1 In a landmark judgement, the Calcutta High Court granted bail to a woman sentenced to life imprisonment by an Additional Sessions Judge in Kandi, Murshidabad, on December 20, 2018.

The woman has been behind the bars for nearly six-and-a-half years now, and her appeal is pending before the court.

Naju Bibi alias Narjina Bibi was convicted and sentenced for lacing sweets with poison and then serving them to her six-year-old step-daughter. The child died in the hospital.

Advocate Phiroze Edulji, appearing for Naju Bibi, submitted in the court of Justice Arijit Banerjee and Justice Apurba Sinha Ray on Friday that there were several discrepancies in the depositions made by the witnesses during the trial, adding that his client is likely to be acquitted when her appeal comes up for hearing.

He also contended that it would be unfair and unjust to keep Naju Bibi in prison till the appeal is heard. The date of hearing of the appeal is uncertain.

Edulji also pointed out that if his client is eventually acquitted, there is no way she can be compensated for the injustice done to her by incarcerating her for several years despite her innocence.

Advocates appearing for the state claimed that the discrepancies in the depositions, as mentioned by Edulji, were trivial in nature and will not affect the appeal court's decision in any way. They opposed Naju Bibi's bail plea and prayed that she be made to wait till the appeal court disposes of the matter.

The high court's division bench looked at it differently though.

The judges pointed out that high courts normally do not grant bail to a person sentenced to life. However, in this case, there are sufficient doubts regarding the evidence against the woman. Moreover, it would be extremely unfair if she is finally acquitted after serving several years in prison for no reason.

This has happened in the past, the court noted. It is also not known when the appeal will come up for hearing, given the large number of pending cases, the bench observed.

Keeping this in mind, the bench granted Naju Bibi bail. She will have to provide sureties and can't leave the jurisdiction of the local police station.

She will also have to attend hearings of her appeal when the court takes it up.

Also, Naju Bibi will have to appear before the local police every month.