Supreme Court emphasizes that courts should grant bail, taking into account the socio-economic background of the accused

The Supreme Court stated on Tuesday that reasonable bail conditions should be imposed by the courts, taking into account the economic and social position of the jails housing those awaiting trial, or else the act of granting bail will not serve its intended purpose.

When hearing a suo moto writ suit filed in order to issue a comprehensive policy approach for bail grants, a bench made up of Justices SK Kaul and Sudhanshu Dhulia made this observation.

Amicus curiae, Gaurav Agarwal, briefed the bench that 5380 undertrial convicts had been given bail but had been held for a variety of reasons, according to the master data produced by the National Legal Services Authority (NALSA). He claimed that roughly 4215 inmates had been released in the previous six months.

On a previous occasion the Apex Court had said, “If the bail bonds are not furnished within one month from the date of grant bail, the concerned Court may suo moto take up the case and consider whether the conditions of bail require modification/ relaxation”.

It had also enquired the reasons for the non-release of prisons who had been granted bail. The Amicus apprised the Bench that the reasons for the same are manifold including the fact that the undertrial prisons are at times involved in multiple cases.

The Apex Court had previously instructed NIC to add a new field in the e-prison software for jail authorities to enter the date of bail grant, and if the accused is not released within seven days, the software would generate a flag and email the concerned DLSA to investigate the reason for the non-release.

Source: Live Law

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