Delhi High Court passes rules to help undertrials languishing in jail

Taking strict note of the issue of several undertrials languishing in jail, the Delhi High Court has recently passed extensive guidelines regarding bail in Court Legal Services Committee. The court is hearing a petition, by advocate Ajay Verma, which mentioned how inability of the prisoners to furnish bail bonds forced them to languish in prisons for a long period of time despite having been granted bail. The division bench of acting Chief Justice Gita Mittal and Justice C Hari Shankar noted that a detailed order had been passed earlier recording the fact that the directions of the Supreme Court as well as the High Court, on the issue, were not being complied with. The court laid out the following guidelines for ensuring that the conditions of bail are met. The court observed that the trial courts should not only be sensitive but also extremely vigilant in cases where they are recording orders of bail to ascertain compliance. "When a bail is granted, an endorsement shall be made on the custody warrant of the prisoner, indicating that the bail has been granted, along with the date of the order of bail. In case of inability of a prisoner to seek release despite an order of bail, it is the judicial duty of all trial courts to undertake a review for the reasons thereof," it said. Every bail order shall be marked on the file. It shall be the responsibility of every judge issuing an order of bail to monitor its execution and enforcement. In case a judge stands transferred before the execution, it shall be the responsibility of the successor judge to ensure execution, it added. The court also emphasised on the need of training and sensitisation of judges on these aspects shall be taken expeditiously by the district judges in conjunction with the Delhi Judicial Academy. The panel advocates deputed by the legal services authority in the respective criminal courts would be responsible to keep themselves updated, inter alia, on the basis of above-mentioned record and report and move appropriate application in concerned case with concerned accused respecting whose release further orders are required to be passed to secure release from custody pursuant to the bail order. It shall be the responsibility of prison authorities to promptly bring any instance of a prisoner being unable to secure release from prison despite an order of bail having been passed in his favour to the notice of the trial courts as well as the concerned secretary of the District Legal Services Authority. The court asked the trial courts to maintain the bail record which shall include date of the order and conditions imposed, date on which the conditions were satisfied, date of release of the prisoner from the jail. A monthly statement on these aspects shall be sent to the concerned district judges, who would undertake an exercise of verification of the information furnished by the court concerned. This guidelines have also been marked to the district judge as well as director general (prisons) who would undertake an exercise of verification on a quarterly basis. The matter will next be heard on May 1. A report regarding the orders of bail and the release of prisoners shall be sent on quarterly basis by the district judge as well as director general (prisons) to the registrar general of this court.

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