COVID-19: Undertrial prisoners unable to give surety for bail be released on personal bonds, says HC

New Delhi, Apr 9 () The Delhi High Court Thursday directed the jail authorities here to release on personal bonds all the undertrial prisoners (UTPs) who have been granted bail but are unable to furnish a surety bond.

The direction was issued by a bench of Justices Rajiv Sahai Endlaw and Manoj Kumar Ohri to ensure the implementation of suggestions given by a high powered committee for release of UTPs to decongest jails to prevent spread of the coronavirus or COVID-19 pandemic, which has claimed 169 lives in India affected 5,865 people.

The direction issued to the prison authorities, represented by Delhi government standing counsel (criminal) Rahul Mehra and advocate Chaitanya Gosain, would be applicable to UTPs who were granted bail on or before April 7.

With the direction, the bench disposed of the matter which it had initiated suo motu (on its own) on Thursday.

The bench took up the issue as the committee, in a meeting held on Tuesday, had said that bail orders of such prisoners can be modified only by a judicial order from the Delhi High Court.

The high powered committee, headed by Delhi HC judge Justice Hima Kohli, had in its meeting observed that there were several UTPs who were languishing in jail despite grant of bail as they could not furnish surety bonds.

The committee, set up on Supreme Court's direction for identifying measures to decongest jails, was of the opinion that bail orders of such prisoners should be modified by a common judicial order as all of them cannot approach court in the prevalent situation.

It had suggested that the bail orders of such prisoners be modified to do away with the condition of furnishing a surety bond and instead they be released on their personal bond, subject to the satisfaction of the Jail Superintendent. HMP SKV SA