Accused Goes Missing From Correctional Home: Calcutta HC Dissatisfied With Report Of Jail Authorities, Directs Them To Trace Man

Dissatisfied with the initial report filed by Superintendent, Presidency Correctional Home, West Bengal in the case of a missing undertrial, the Calcutta High Court on Thursday directed the authorities to trace the man and present a further report in the matter.

Essentially, the Bench of Justice Shampa Sarkar and Justice Bibhas Ranjan De was hearing a Habeas Corpus Plea filed by one Buddhadeb Bhowmick alleging that his father (an accused in a criminal case) went missing from the Presidency Correctional Home just before he was scheduled to be released on bail under court's order.

Read more about the case here: Calcutta HC Seeks WB Govt's Reply On Man's Plea Claiming That His Father Has Gone 'Missing' From Correctional Home

In the report, the Superintendent of the correctional home submitted before the Court that the accused, Ranjit Bhowmick was directed to be released on bail by the ACJM, Uluberia on December 21, 2021. The bail bond was furnished before the court itself and the court directed that the accused be released at once.

The report further stated that the accused was thereafter taken to Presidency Correctional Home to check if there was any other case pending against him and when it was found that no other case was pending against him, he was released forthwith on December 21, 2021.

However, the Court found it surprising that the report was silent as to the time when the accused was taken to the Presidency Correctional Home and ultimately at what time the accused was released. 

"This Court is not satisfied with the report filed today. Prima facie, it appears that the authorities of the Presidency Correctional Home have not proceeded according to the jail code...The contention of the learned Government Pleader is that the accused was not taken back into jail but released from the office of the superintendent without making an entry in the register because there was no other case pending against him and also because the learned court below had directed the accused be released forthwith. This is not acceptable by the Court." the High Court said as it noted that the apprehension of the family of the accused is that he succumbed to his illness in jail and the factum of death has not been correctly reported.

Further, the Court prima facie opined that the jail authorities didn't proceed according to the law as it noted that the Government pleader submitted that the man was released at 7.52 p.m., however, this fact had not been recorded in the report. 

Importantly, the Court termed it as a matter of serious concern that the accused was released without any entry being made in the relevant register and that too at 7.52 p.m.

Therefore, in view of the procedural irregularity noted by the Court and also in view of the discrepancy in the statements made before the Court, the Court called for a further report to be produced before the regular bench with regard to the attempt made for recovery of the accused Ranjit Bhowmick.

The Court has also emphasized in its order that it shall be the duty of the authorities to ensure that the accused is recovered in view of the contention of the family that the accused went missing from the said correctional home.

Lastly, the Court posted the matter for further hearing on January 4, 2022, when the CCTV footage of the recording of December 21, 2021 in the office of the Superintendent, Presidency Correctional Home shall also have to be produced before the Court in order to substantiate that the accused was brought back from Court and made to sit in the office and thereafter released at 7.52 p.m.

The Superintendent, Presidency Correctional Home has also been directed to be present with the original register and other documents showing the release of the accused from the correctional home. 

Case title - Buddhadeb Bhowmick v. The State of West Bengal & Ors.

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