Keywords: same name, accused, wrongfully detained, compensation, state
In a recent case called Podiyaami Bhima v. State & Ors, the Chhattisgarh High Court ordered the State government to pay a compensation of Rs. 1 lakh to a man who had to spend approximately 8 months in jail after being wrongfully detained by the police for having the same name as the accused.
On a request by one Podiyaami Bhima, a bench consisting of Chief Justice Ramesh Sinha and Justice Rajani Dubey issued the ruling.
In an application to the High Court, Bhima (the petitioner) requested compensation for his wrongful detention. The Court was informed that he was arrested and sentenced to 7 months and 26 days in prison.
The petitioner’s attorney said that a Dantewada extra sessions judge had determined in a previous judgement that Bhima’s incarceration was illegal because he was unrelated to the criminal case.
In reality, an individual with the same name was the target of the criminal prosecution.
A probe into the negligent police officer was also mandated by the judge for the extra sessions. The sessions court further pointed out that the policeman who detained the petitioner lacked prudence.
The State’s attorney admitted that the petitioner had been unfairly held. He also let the Court know that the relevant authority had looked into the officer who had wrongfully detained the petitioner. It was later discovered that the rogue policeman had passed away.
After taking into account these arguments, the Court eventually mandated that the State give the petitioner compensation in the amount of Rs. 1 lakh within a two-month period.
“We are of the opinion that State has to pay compensation of ₹1,00,000 to the petitioner for illegal detention within a period of two months,” the order stated.
While attorney Madhunisha Singh represented the State authorities, attorney Praveen Dhurandhar defended the petitioner.
Written by: Sakshi Sinha, College: KIIT School of Law, Semester: 6th an intern under Legal Vidhiya
