Delhi HC initiates suo motu petition on delay of Jail Authorities in accepting Bail bonds, issued notice to DG
Feb 28, 2024
New Delhi [India], February 28 : The Delhi High Court has initiated a suo motu petition on the delay at the instance of the jail authorities in accepting bail bonds and said it is not acceptable to the conscience of this Court.
The bench of Justice Amit Mahajan recently issued a notice to the Director General of Prisons and the Delhi Government and directed them to file an affidavit in this regard. The court scheduled a follow-up hearing for March 7.
The bench stated that any order passed by this Court thereby directing the release of the prisoner from jail is sent directly to the concerned jail authorities through the FASTER cell. The court, while passing bail orders, sometimes directs that the bail bond be directly furnished to the jail superintendent. The prisoner is not remitted to the trial court in order to facilitate the immediate release.
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 a Sou Motu petition and numbered. Let notice of the present petition be issued to the Director General of Prisons and Standing Counsel (Criminal), Government of NCT of Delhi, said the Court.
The court initiated the matter after hearing a petition pointing out that the bail bond
which was directed to be furnished to the satisfaction of the jail superintendent, has not been processed. The counsel for the petitioner stated that, despite the sentence being suspended by this Court by the order, the petitioner was not released after passing 11 days.
The petitioner alleged that the formalities in relation to the acceptance of bail bonds by the jail superintendent take approximately one to two weeks.
The object of granting bail and suspending sentences is to release the accused/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 a period of one to two weeks was taken by the jail superintendent to accept the bail bonds, said the Court.
