Calcutta High Court Awards ₹5.36 Lakh to Tea Garden Worker Held 60 Days After Bail

The Calcutta High Court has ordered ₹5.36 lakh compensation after finding a tea garden worker’s 60-day post-bail detention was not sanctioned by law.

What Happened

The Calcutta High Court has directed the West Bengal government to pay ₹5.36 lakh to a tea garden worker who remained in custody for 60 days after he was due to be released on bail.

The order was passed on 5 October 2026 by a Division Bench of Justices Debangsu Basak and Aryak Dutt in a habeas corpus petition seeking the worker’s release.

The Court held that the petitioner’s detention from 6 August 2018 to 5 October 2018 was not sanctioned by law. It also noted that there was hardly any explanation from the State for why he continued to be held after bail had been granted.

The Court directed the State to pay the compensation within four weeks of the order.

Background & Context

The worker had been booked in three criminal cases and had secured bail in all three. He was expected to be released from custody on 6 August 2018.

He was not released at that point and subsequently approached the High Court seeking his release. He was eventually released on 5 October 2018, around two months after the date on which he was due to leave custody.

The State’s explanation, as reported, was that his continued custody was connected with a separate Miscellaneous Record case, MR Case No. 780 of 2018. According to the State, that proceeding arose from an allegation that the worker had violated a bond executed to keep the peace, and his custody continued in connection with that matter until 5 October 2018.

The Court did not accept that explanation as sufficient. As reported by Bar & Bench, the State’s plea regarding the need to keep him in custody was “not found satisfactory”.

The worker’s counsel had sought ₹20 lakh in compensation for the 60-day period, citing loss of employment as well as the mental harassment and agony associated with the extended custody.

Key Details

• Court/Forum: Calcutta High Court, Division Bench, in a habeas corpus petition.
• Date: Order dated 5 October 2026.
• Bench: Justices Debangsu Basak and Aryak Dutt.
• Detention period: 6 August 2018 to 5 October 2018, a period of 60 days that the Court held was not sanctioned by law.
• Parties: A tea garden worker, as petitioner, and the State of West Bengal.
• Compensation sought: ₹20 lakh.
• Compensation awarded: ₹5,36,000, comprising ₹5 lakh as compensation and ₹36,000 for loss of employment.
• Loss-of-employment calculation: As reported by LiveLaw, Millennium Post and Law Trend, the worker earned about ₹600 per day, resulting in ₹36,000 for 60 days.
• Payment deadline: The State must pay within four weeks of the order.
• Current Status: Compensation has been ordered, with payment due within four weeks of 5 October 2026.

Why It Matters

The ruling illustrates the legal gap that can arise between a court granting bail and a person actually being released from custody.

In this case, the High Court examined the State’s explanation for the continued detention and found it unsatisfactory. It ultimately held that the 60-day period in question was not sanctioned by law and ordered compensation.

The case also shows how a habeas corpus petition can be used to challenge continued custody. The petitioner’s counsel sought ₹20 lakh, but the Court awarded ₹5 lakh as compensation along with ₹36,000 for reported loss of employment. The combined award was therefore ₹5.36 lakh.

For law students and practitioners, the order offers a practical illustration of the consequences that may follow when detention continues after bail and the stated legal basis for continued custody is not accepted by the court.

For general readers, the case also brings attention to the personal consequences of extended custody, including the loss of work during the period in question.

The decision should, however, be read on its own terms. It is an order concerning the circumstances before the High Court and should not be presented as establishing a general rule on bail-release delays or as a new binding precedent.

Closing

The Calcutta High Court’s 5 October order has resulted in a ₹5.36 lakh compensation award to a tea garden worker who, according to the Court’s finding as reported, remained in custody for 60 days without a legally sufficient basis after he was due to be released on bail.

The State has been given four weeks from the date of the order to make the payment.