A Division Bench of Justices Tapabrata Chakraborty and Biswaroop Chowdhury made the observation on April 9 while granting temporary bail for four weeks to a rape accused.

The Coourt noted that the petitioner had been in custody for 2 years and 10 months.

It further noted that all the witnesses in the case have been examined and the point that remained for consideration was whether it would be unreasonable on the part of the petitioner, aged 23 years, to pray for bail at this stage.

"The answer is obviously no. An undertrial who is presumed to be innocent till proved guilty may reasonably expect that his right to personal liberty be kept intact during trial and and he be permitted to stand trial by imposing some restriction of his right instead of detention," the Court said.

The bench emphasised that a person under custodial detention, especially at a young age, suffers mental agony and trauma which may be avoided during pre-trial stage, unless it is a very exceptional case and release of the accused will be a threat to public safety and prejudicial to trial.

"A person being incarcerated for a long period during stage of trial loses his contact with his family members and relation which has every possibility to create stress and depression and is not desirable specially during pre-trial detention. In the event it is not possible to enlarge the accused on confirmed bail the accused may be granted interim bail for short period few times so that he may meet his family members and relations and exercise his right guaranteed under the constitution for a short period during trial when he is presumed to be innocent," the bench underlined.

The Court further pointed out that there is a provision of parole and furlough for convicts to step out of the prison, though for a temporary period.

"When there is a provision of release on parole for a short period of a convict undergoing sentence of imprisonment there may not be any sufficient reason as to why an undertrial cannot be granted interim bail for a short period," the Court said.

Thus, the bench made it clear that even if there is possibility to conclude trial within a short period, an undertrial may be granted interim bail if there is difficulty to grant regular bail during trial unless there are very serious exceptional circumstances.

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