Supreme Court On Grant Of Bail
*In Re Policy Strategy for Grant of Bail*
*Supreme Court Guidelines for Grant of Bail*
*Introduction*
The Supreme Court has issued a landmark judgment on the grant of bail, aiming to ensure that undertrial prisoners are released in a timely manner and their fundamental rights are protected.
*Key Guidelines*
1. Soft Copy of Bail Order
Courts shall send a soft copy of the bail order to the jail superintendent on the same day or the next day, which shall be entered in the e-prison software. This will ensure that the bail order is communicated to the jail administration promptly, facilitating the release of the prisoner.
2. Release within 7 Days
If the accused is not released within 7 days from the date of grant of bail, the jail superintendent shall inform the Secretary, District Legal Services Authority (DLSA), who shall assist in the release of the prisoner.
3. Socio-Economic Assessment
The Secretary, DLSA may conduct a socio-economic assessment of the accused with the help of probation officers or para-legal volunteers.
4. Interim Bail
Courts may consider granting interim bail for a specified period to enable the accused to furnish bail bonds or sureties.
5. Relaxation of Bail Bond Conditions
If the bail bonds are not furnished within one month from the date of grant of bail, the concerned court may suo moto review the case and consider relaxing the bail conditions.
6. No Local Surety
Courts shall not impose local surety conditions that may delay the release of the accused.
These guidelines aim to ensure that undertrial prisoners are released in a timely manner and their fundamental rights are protected. By streamlining the bail process and reducing unnecessary delays, the guidelines seek to promote a more efficient and just bail system.
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