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Man forced to live behind bars despite bail orders

Aslam Sheikh, who was accused of robbery and granted bail, will be able to finally come out of jail only after three years, thanks to paucity of funds.

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In an unusual case, Aslam Sheikh, who was accused of robbery and granted bail, will be able to finally come out of jail only after three years, thanks to paucity of funds. Incidentally, Sheikh was ordered to be released on bail by the Gujarat HC on May 13, 2009. Sheikh’s relative could not deposit Rs10,000 as solvency amount, and he is still languishing in the jail.

When Sheikh’s case had come up for hearing on Thursday, justice Abhilasha Kumari termed the incident as not only unfortunate but also a violation of the right to live. The court then asked the state government to adopt specific process for release of those accused who have been ordered to be enlarged on bail. Observing that the case is an eye opener the court said that such kind of incident should not happen in future.

“Sheikh was not able to be released on bail as his relatives were not able to submit the amount in time either in the lower court or before the jail authorities. As a long period had elapsed since, we approached the high court to release him on bail,” said Shoeb Bahoria, counsel for the accused.

Shiekh was arrested in 2008 in case of robbery and kidnapping in Bavla. He filed bail application before the HC which granted him bail. Sheikh’s lawyer was given permission to furnish court order directly by them before the lower court and Sabarmati jail, but it never happened.

He had raised the issue before the HC by filling a petition, justice Abhilasha Kumari sought details from the Sabarmati jail authorities. Sheikh gave a statement before the jail authorities that he couldn’t file bail papers  courtesy his poor financial condition.

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