JUDGMENT

Krishan Pahal, J.

Order on Criminal Misc. Modification Application No. 2 of 2023

List has been revised.

2. Heard Sri Bal Krishna Yadav, learned Amicus Curiae for the applicant as well as Sri Deepak Kumar Singh, learned A.G.A. for the State.

3. The applicant has filed his modification application. The applicant is in jail since 5.1.2021 in the said case and has no criminal antecedents to his credit. The applicant was enlarged on bail by this Court in the present case vide order dated 25.1.2022. The applicant is an indigent person as is evident from Annexure-2 as reported by District Jail as the applicant, owing to his weak financial condition, is unable to furnish sureties, as such, he is languishing in jail for no fault of his.

4. Learned Amicus Curiae has placed reliance on the judgement of this Court in Sukhari @ Sobrati passed in Criminal Misc. Bail Application No. - 19185 of 2022, whereby the delinquent person was directed to furnish a personal bond of Rs. 10,000/- and two sureties of the like amount.

5. Learned Amicus Curiae has also placed reliance on the judgement of the Apex Court passed in In Re Policy Strategy For Grant of Bail v. Mr. Gaurav Agrawal, Adv. is Amicus Curiae, which reads as under :-

"With a view to ameliorate the problems a number of directions are sought. We have examined the directions which we reproduce hereinafter with certain modifications:

1) The Court which grants bail to an under-trial prisoner/convict would be required to send a soft copy of the bail order by e-mail to the prisoner through the Jail Superintendent on the same day or the next day. The Jail Superintendent would be required to enter the date of grant of bail in the e-prisons software [or any other software which is being used by the Prison Department].

2) If the accused is not released within a period of 7 days from the date of grant of bail, it would be the duty of the Superintendent of Jail to inform the Secretary, DLSA who may depute para legal volunteer or jail visiting advocate to interact with the prisoner and assist the prisoner in all ways possible for his release.

3) NIC would make attempts to create necessary fields in the e-prison software so that the date of grant of bail and date of release are entered by the Prison Department and in case the prisoner is not released within 7 days, then an automatic email can be sent to the Secretary, DLSA.

4) The Secretary, DLSA with a view to find out the economic condition of the accused, may take help of the Probation Officers or the Para Legal Volunteers to prepare a report on the socioeconomic conditions of the inmate which may be placed before the concerned Court with a request to relax the condition (s) of bail/surety.

5) In cases where the under-trial or convict requests that he can furnish bail bond or sureties once released, then in an appropriate case, the Court may consider granting temporary bail for a specified period to the accused so that he can furnish bail bond or sureties.

6) 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.

7) One of the reasons which delays the release of the accused/ convict is the insistence upon local surety. It is suggested that in such cases, the courts may not impose the condition of local surety."

6. After hearing the arguments tendered at Bar and taking into consideration the case laws furnished by learned Amicus Curiae, this Court is of the view that in light of the arguments tendered, the case law adduced and also the judgement of the Apex Court passed in Moti Ram and Ors. v. State of