Delhi High Court Initiates Suo Motu Case On Delay In Processing Of Bail Bonds By Jail Superintendents

The Delhi High Court recently initiated a suo motu petition with regard to the delay in formalities relating to acceptance of bail bonds by Jail Superintendents and issued a notice to the Director General of Prisons and the Standing Counsel (Criminal) of Delhi Government.

Justice Amit Mahajan noted that the court while passing bail order at times directs that the bail bond be directly furnished to the Jail Superintendent to facilitate the immediate release of accused or convict, instead of remitting him to the trial court.

“The delay at the instance of the Jail Superintendent in accepting Bail Bonds is not acceptable to the conscience of this Court. Let the matter be registered as Sou Motu petition and numbered,” the Court ordered.

The issue came up before the court in a case in which the bench had suspended the sentence of a convict for four weeks. 

However, the convict later moved an application seeking modification of the order as due to delay in acceptance of bail bond by the Jail Superintendent, he was yet to be released.

It was submitted before the court that the Jail Superintendent usually takes approximately between one to two weeks time before the bail bond is accepted.

Thus, the convict prayed that he be directed to furnish the bail bond to the satisfaction of the trial court.

While allowing the application, the court took note of the larger issue and pointed out that the object of granting bails and suspending sentences is to release the accused or convict from imprisonment.

“In certain cases, interim bails are granted on medical grounds or some other exigencies, as expressed by the applicant. In such a scenario this Court fails to understand why the period of one to two weeks be taken by the Jail Superintendent for accepting the bail bonds,” it observed.

Justice Mahajan further remarked that the Supreme Court has time and again reiterated the principle that “deprivation of Liberty for a single day is a day too many”. In this regard, the Single Judge also referred to the guidelines for the compliance of bail orders.

“The Hon'ble Supreme Court in Suo Motu Writ Petition (Civil) No.4/2021 also passed directions to adopt the procedure termedas 'FASTER' for Fast and Secured Transmission of Electronic Records, in order to reduce the delay caused in forwarding the orders granting bail to the Jail Authorities,” the Court noted further.

In this regard, the court also took note of a Rule in the Delhi High Rules & Orders as per which any order passed by the high court directing the release of the prisoner from jail is sent directly to the concerned jail authorities through Fast and Secured Transmission of Electronic Records (FASTER) cell.

Looking at the delay in acceptance of bail bonds, the Court ordered registration of the suo motu case.

Though Additional Standing Counsel Nandita Rao disputed the position and contended that the case of the convict, who had sought modification of the order, is possibly an aberration and delay normally does not occur, the Court requested her to accept the notice and file an appropriate affidavit.

The matter will be heard by the court on March 07.

Title: Court On Its Own Motion Versus Director General Of Prisons, Govt. Of Nct Of Delhi

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