Frame SOP To Release Inmates In 48 Hours After Bail: Court To Authorities

The Delhi High Court on Tuesday asked the authorities concerned in the national capital to frame a standard operating procedure (SOP) to ensure that inmates who have been granted bail are released from jail within a period of 48 hours.

A bench of Acting Chief Justice Manmohan and Justice Amit Mahajan said in cases where an inmate is being released on account of exigencies such as attending a funeral or a marriage, the time frame has to be compressed further.

The court, which was hearing a case initiated by it over alleged delay in acceptance of bail bonds by jail authorities for release of inmates, asked the Delhi government counsel to take instructions and file a fresh affidavit within 10 days.

The Delhi government counsel said delays may happen in the release of an inmate on account of the time taken by police for verification of details of the surety furnished by him and there is already a police circular in place setting a time frame for the same.

The court remarked that a majority of inmates are poor who are represented by legal aid lawyers and it is not possible for them to keep following up with everyone once bail has been granted.

"Make an SOP so that he is released within 48 hours...just make it such that the person gets released in 48 hours," the court said.

"For special emergencies like funerals, you will have to compress it to 5-6 hours," it added.

The court, which remarked that the situation in jails was "very serious" as they were functioning at more than two times their capacity, suggested the use of technology to expedite the process and asked the Delhi government lawyer to state the proposed steps and resources needed to resolve the issue of delays.

"Speak to the jail superintendent and Director General Prisons," the bench told the government lawyer.

Last month, Justice Mahajan had initiated a suo motu case over the delay in acceptance of bail bonds by jail authorities for release of inmates, observing that deprivation of liberty for a single day is a day too many.

The judge had said the object of granting bails and suspending sentences is to release the accused or the convict from imprisonment and delay at the instance of the jail superintendent in accepting bail bonds was not acceptable to the conscience of the court.

The court passed the order after it was informed that a convict in a cheque bounce case was told the formalities relating to acceptance of his bail bond for release on interim bail would take approximately one to two weeks.

The matter would be heard next on April 1.

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