Delhi High Court gives extensive directions to Trial Courts regarding Bail to Undertrials

The Delhi High Court has passed extensive guidelines regarding bail to undertrials in a public interest litigation filed by Advocate Ajay Verma, who is working with the Delhi High Court Legal Services Committee.

Verma had flagged critical issues in the petition relating to the inability of the prisoners to furnish bail bonds and are consequently languishing in prisons for a long period of time despite having orders of bail in their favour.

The Division Bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar noted that a detailed order had been passed earlier recording the fact that the directions of the Supreme Court as well as the High Court, on the issue, were not being complied with.

The Court laid out the following guidelines for ensuring that the conditions of bail are met:

1. The trial courts should be not only be sensitive but extremely vigilant in cases where they are recording orders of bail to ascertain the compliance thereof.
2. When bail is granted, an endorsement shall be made on the custody warrant of the prisoner, indicating that bail has been granted, along with the date of the order of bail.
3. In case of inability of a prisoner to seek release despite an order of bail, it is the judicial duty of all trial courts to undertake a review for the reasons thereof.
4. Every bail order shall be marked on the file. It shall be the responsibility of every judge issuing an order of bail to monitor its execution and enforcement.
5. In case a judge stands transferred before the execution, it shall be the responsibility of the successor judge to ensure execution.
6. It shall be the responsibility of prison authorities to promptly bring any instance of a prisoner being unable to secure release from prison despite an order of bail having been passed in his favour to the notice of the trial courts as well as the concerned Secretary of the District Legal Services  Authority.
7. All trial courts passing order of bail shall maintain a record of the following:
   • date of the order and conditions imposed therein.
   • date on which the conditions were satisfied.
   • date of release of the prisoner from the jail.
   • if conditions not satisfied, the date on which the review and risk assessment were taken upon an interview of the prisoner concerned.
   • date and terms of the order passed upon the review.
   • date of ultimate release of the prisoner.
8. A monthly statement on these aspects shall be sent to the concerned District Judges, who would undertake an exercise of verification of the information furnished by the court concerned.
9. This information shall also be sent to the District Judge as well as Director General (Prisons) who would undertake an exercise of verification on a quarterly basis.
10. A report regarding the orders of bail and the release of prisoners shall be sent on quarterly basis by the District Judge as well as Director General (Prisons) to the Registrar General of this Court.
11. The panel advocates deputed by the Legal Services Authority in the respective criminal courts would be responsible to keep themselves updated, inter alia, on the basis of above-mentioned record and report and move appropriate application in concerned Case qua concerned accused respecting whose release further orders are required to be passed to secure release from custody pursuant to the bail order.
12. The training and sensitization of judges on these aspects shall be taken expeditiously by the District Judges in conjunction with the Delhi Judicial Academy.

The Court directed that a compliance report be placed by all District Judges, the Director (Academics), Delhi Judicial Academy, Member Secretary, DSLSA and the Director General, Prisons, Delhi.

The matter will next be heard on May 1.

Read the order below.