Supreme Court Directs States To Furnish Data Of Cases Where Prisoners Remain In Jail As They Can't Fulfil Bail Conditions

1. Name of detenu;
2. Offence under which they were charged;
3. Date when bail was granted;
4. Bail conditions that were not met;
5. How long has the period been since the bail was granted; and
6. Date of bail order.

The Bench asked the State Governments to ensure that the requisite information is made available to them by the jail authorities within a period of 15 days. Thereafter, within a week, the State Governments are to forward the data to NALSA, that would make suggestions wherever necessary and would also render legal assistance to the detenues.

While the Bench was considering a batch of petitions of life convicts in jail whose appeals are pending before various High Courts, Justice Kaul reckoned that there are several cases where even after being granted bail the detenues are languishing in jail merely because they cannot fulfil the bail conditions -

"One issue that was brought to my notice….there are several cases where bail had been granted but people had not been able to comply with the terms and conditions of the bail."

To get a realistic estimate of the numbers of such cases, the Bench passed the above-indicated order.

The Amicus Curiae apprised the Bench that the Delhi Legal Services Authority (DLSA) had already flagged the issue. He added that DLSA has proposed something with respect to furnishing of bail bonds for those who are unable to do so even when they are granted bail.

Justice Kaul was of the opinion, "In Delhi, I think the number of such cases may be less. The problem is going to be more in States where financial means become a challenge."

Justice Oka highlighted that the only way to solve the issue might be to seek modification of the bail conditions which could not be met by the detenues. He indicated that in each case, an application for such modification has to be filed. Therefore, the collection of data of the number of such cases becomes crucial.

Justice Oka also pointed out that Tata Institute for Social Sciences is carrying out a similar exercise as proposed by DLSA. In view of the same, the Bench recorded in the order that NALSA may take the assistance of TISS for effectuating the execution of bail orders.

During the course of the hearing, the Amicus submitted that Karnataka Legal Services Authority had informed that the E-prison module has been implemented in all 52 prisons in Karnataka. He suggested if the same can be implemented by the other States. Considering his suggestion, the Bench noted -

"'Legal Aid Information Module' was not enabled in Karnataka Prison…The steps taken - meeting held with NALSA…has produced a result. The E-Prison Module having some important features would enable effective monitoring. That in the E-Prison portal is to be updated accordingly. The solution from the Amicus is that this should be implemented across the country with coordination between SLSA and prison authorities. Be completed within a period of two months."

The Bench also recorded the suggestion that the E-prison module can be modified to reflect some crucial court-data such as orders granting bail, status of implementation of bail orders etc.

"One of the suggestions is that the E-prison module can be modified for uploading data regarding orders granting bail; status of implementation of the orders granting bail and orders of acquittal."

Yesterday, another bench of the Supreme Court, while considering another case, had directed the States to give information regarding bail orders which are remaining unexecuted.

[Case Title: Sonadhar v. State of Chattisgarh SLP(Crl) No. 529/2021]

Citation : 2022 LiveLaw (SC) 1007

Code of Criminal Procedure- Section 439- Prisoners in jail despite getting bail as they can't fulfil conditions- Supreme Court directs States to furnish data of undertrial prisoners who remain in bail as they can't satisfy surety or comply with other conditions