Delhi HC takes suo moto cognisance of delay in prisoner’s release on bail

The court noted the order was sent to the concerned jail authorities directly through the Fast and Secured Transmission of Electronic Records (FASTER) cell

The Delhi high court has taken suo moto cognisance of a jail superintendent’s delay in accepting bail bond and releasing a prisoner granted bail, calling it unacceptable.

The court took suo moto cognisance while considering the application about the delay. (Getty Images/iStockphoto)

“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 the period of one to two weeks be taken by the Jail Superintendent for accepting the bail bonds,” said Justice Amit Mahajan in a February 19 order.

“The Court while passing bail order at times 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 suo motu petition and numbered.”

The court noted the order was sent to the concerned jail authorities directly through the Fast and Secured Transmission of Electronic Records (FASTER) cell. It sought responses from the director general (prisons) and the Delhi government’s standing counsel.

The court took suo moto cognisance while considering the application about the delay in the release of the prisoner despite the suspension of sentence on February 8. The prisoner sought modification of the court’s order to allow him to furnish the bail bond to the trial court instead of the jail superintendent.

Additional standing counsel Nandita Rao, who appeared for the Delhi Police, submitted such instances were an aberration. Rao added the delays do not generally occur on the part of jail superintendents.

The Supreme Court in 2021 directed chief secretaries to ensure the availability of internet with adequate speed in jails to reduce delays in forwarding bail orders to authorities.