SANJAY KISHAN KAUL, ABHAY S. OKA
In Re Policy Strategy For Grant Of Bail – Appellant
Versus
. – Respondent
ORDER :
1. It is pointed out that there is bereavement in the family of Mr. Devansh A. Mohta, learned Amicus Curiae and the matter may be deferred for consideration.
2. Mr. Gaurav Agrawal, learned Amicus Curiae however, submits that some aspects with which Mr. Mohta is not concerned at present can be dealt with.
SMWP(CRIMINAL) NO. 4/2021 :
EXECUTION OF BAIL ORDERS
3. Mr. Gaurav Agrawal, learned Amicus Curiae has drawn our attention to order dated 29.11.2022 qua the issue of undertrial prisoners who continue to be in custody despite having been granted the benefit of bail on account of their inability to fulfill the conditions. In this behalf the report by the NALSA has been placed before us filed on 30.01.2023. After recording the discussions which have been held, it has been stated in para 5 of the report that there are 5,000 undertrial prisoners who were in jail, despite grant of bail, out of which, 2,357 persons were provided legal assistance and now 1,417 persons have since been released.
4. One of the main reasons flagged why the accused are in jail despite the grant of bail is that he may be an accused in multiple cases and is apparently not willing to furnish bail bonds until he i
Timely execution of bail orders is crucial, and courts have a duty to ensure that undertrial prisoners are promptly released upon being granted bail.
The court mandated proactive identification and release of undertrial prisoners under Section 479 of the BNSS, emphasizing justice for all, especially first-time offenders.
Inordinate delay in trial of minor offences due to prosecution lapses violates speedy trial right under Article 21 warranting quashing of proceedings by constitutional courts.
Prolonged pre-trial detention infringes on the right to personal liberty under Article 21, necessitating bail when an accused has languished in custody beyond half the maximum sentence duration.
Prolonged pre-trial detention violates the right to a speedy trial, necessitating bail when delays are not caused by the accused.
Bail – Section 436-A of Cr.P.C. does not exclude offences under NDPS Act – Deprivation of personal liberty without ensuring speedy trial is not consistent with Article 21.
The right to fair and speedy trial is recognized under Article 21 of the Constitution of India. The High Court's decision reaffirms the principle that undertrials cannot be allowed to languish for ye....
The right to a speedy trial is a fundamental right under Article 21, and prolonged detention without trial violates this right.
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