KATHMANDU, Sept 12: The Supreme Court (SC) has ruled that individuals unable to pay bail or fines cannot be imprisoned for more than six months if their case remains undecided within that period.
The decision came during a case involving Mahendra Prasad Mishra, who was imprisoned for failing to pay a fine related to banking offenses. The court, in its ruling, stated that if a case involving a detained individual is not resolved within six months, they must be released.
Convicts sentenced to less than year to be freed on bail or wit...
Section 137(6) of the Criminal Procedure Code specifies that cases involving detainees who are unable to pay bail must be decided within six months. The Supreme Court emphasized that the failure to resolve such cases within this time frame should not result in continued imprisonment, as it would infringe upon personal freedom due to the court's delays.
In Mishra’s case, he was found guilty by the Patan High Court and spent seven days in jail. However, he could not pay a fine of Rs 5.2 million, prompting his appeal. The apex court underscored the balance between ensuring compensation for victims and protecting the rights of the accused.
The court further ordered that steps must be taken to recover fines and compensation effectively, urging relevant authorities to implement measures like bond collection and auctions after a judgment is finalized. However, the court clarified that this ruling does not apply to those who have been sentenced to imprisonment by the court.
