Supreme Court finds 5,000 undertrials jailed despite bail grants in UP

The Court issued directions to streamline the release process and ensure compliance by jail authorities and legal aid services.

Who it concerns: Petitioner: In Re Policy Strategy for Grant of Bail; Respondents: State of India and various State Governments; Bench: Hon'ble Mr. Justice Sanjay Kishan Kaul and Hon'ble Mr. Justice Abhay S. Oka; Amicus Curiae: Mr. Gaurav Agrawal and Mr. Neeraj Kumar Jain.

What the court decided

• The Court directed that the Court granting bail must send a soft copy of the bail order to the Jail Superintendent via email on the same or next day.
• Jail Superintendents are required to enter the date of grant of bail in the e-prison software.
• If an accused is not released within 7 days of the bail grant, the Jail Superintendent must inform the Secretary of the District Legal Services Authority (DLSA).
• The DLSA Secretary is directed to depute para-legal volunteers or jail visiting advocates to assist the prisoner in securing release.
• The National Informatics Centre (NIC) is directed to create fields in the e-prison software to track bail dates and generate automatic email reminders to the DLSA if release does not occur within 7 days.
• Courts are directed to consider granting temporary bail for a specified period to allow accused persons to furnish bail bonds or sureties after release.
• If bail bonds are not furnished within one month, the concerned Court may suo moto consider modifying or relaxing bail conditions.
• Courts are suggested not to impose the condition of local surety in cases where it delays release.
• The Government of India is called upon to discuss with NALSA the issue of providing protected portal access to SLSA/DLSA Secretaries, with instructions to be obtained by the next date.
• The matter is listed for further hearing on 28.03.2023.

Also in the document

• The Court noted that 5,000 undertrial prisoners were in jail despite bail grants, with 1,417 released after legal assistance.
• A Standard Operating Procedure (SOP) prepared by NIC includes a mechanism to flag inmates who are bailed out but not released.
• The Court deferred consideration of aspects concerning Amicus Curiae Mr. Devansh A. Mohta due to bereavement in his family.