D M BHALLA Vs. STATE

JUDGEMENT

(1.) THE present Public Interest Litigation fundamentally pertains to release of undertrials languishing in jail despite bail orders passed in their favour on many a ground. In course of hearing, on earlier occasions this Court had sought the assistance of Mrs. Asha Menon and Mr. Harish Dudani, the Member Secretary and Officer on Special Duty, Delhi Legal Services Authority, respectively for collection of data in respect of the aforesaid aspects. This Court was also apprised of the decision rendered by a two Judges Bench in R.D. Upadhyay Vs. State of A.P. and Others (1996) 3 Supreme Court Cases 422 wherein the Apex Court had taken note of the undertrials languishing in jail for non-furnishing of surety despite bail orders granted in their favour and eventually directed that barring certain categories of cases, the trial courts may consider the cases of undertrials who are unable to furnish sureties to release on bail by furnishing personal bonds.

(2.) ON 8th September, 2010, this Court had passed a detailed order and required Mr. N. Waziri, learned Standing Counsel for the GNCTD to arrange a meeting between the Law Officers of all the jails in Delhi, Member Secretary and Officer on Special Duty, Delhi Legal Service Authority and the legal aid counsel and submit a proposal to this Court.

(3.) ON a perusal of the report, we are inclined to accept the suggestions given in paragraphs 1 to 6. As far as paragraph 7 is concerned, we are only inclined to state that if in an appeal a convict is released on bail and is not in a position to avail the benefit of bail because of non-furnishing of the requisite surety, he may file an application for modification of the conditions imposed before by High Court, which shall be dealt with in accordance with law. That apart, we may proceed to add once a bail order is passed by this Court either under Sections 439 or 389(1) of the Code of Criminal Procedure, 1973 or any other statutory provision relating to a special enactment, the Registry shall intimate the same to the concerned trial court within 24 hours. Similarly, if a bail application or appeal is disposed of by the concerned Session Judge, the same shall be communicated to the concerned trial court within 24 hours so that appropriate steps can be taken. A copy of the bail order shall be sent to the Jail Superintendent by e-mail, the details of which shall be furnished by Mr. Waziri, learned Standing Counsel to the Registrar General of this Court. Be it noted, all endeavours are being made so that the persons who have been enlarged on bail do not suffer from loss of liberty because of non-furnishing of surety.