VIJAY AGGARWAL Vs. UOI

JUDGEMENT

(1.) The Superintendent of Prisons, Prisons Headquarters, Tihar Jail has filed Status Report giving offence wise detention period of under-trial inmates lodged in Tihar Jail. It deals with as many as 38 categories of cases. However, in the present case, we are not concerned with all these categories. Mr. Vijay Aggarwal, the petitioner-in-person, has drawn our attention to the judgment of the Supreme Court in the case of R.D. Upadhyay Vs. State of A.P., and Ors, 1996 3 SCC 422 in which the Court inter alia passed the following orders for grant of bail to under-trials :

(2.) As per the aforesaid directions, under trials who are facing trial for kidnapping, theft, cheating, arms act, counterfeiting, customs, under Section 326 IPC under Section 324 IPC, riots and under Section 354 IPC who are in jail for a period of more than one year, shall be released on bail forthwith to the satisfaction of the trial courts concerned. Under trials for the offence of attempt to murder, who have spent in jail more than two years, are to be released on bail forthwith to the satisfaction of the respective trial courts. Accordingly, it would cover the following categories :

(3.) The aforesaid persons would qualify for immediate bail keeping in the view the direction of the Supreme Court in R.D. Upadhyay . The Jail Superintendent shall provide the details of these cases to the Delhi Legal Service Authority within one week. Panel lawyers of DLSA shall prepare appropriate applications for bail and file the same in respective Courts where cases are pending within one week thereof; the concerned Courts shall pass orders granting ball to these persons subject to orders of furnishing of requisite surety, etc. In those cases, where the under trials are not in a position to furnish the surety, the Trial Courts would consider the case by furnishing personal bonds keeping in view the facts of each case subject to the period spent in Jail.