The Delhi High Court Monday expressed concern over non-release of inmates languishing in prisons for a long period of time despite orders of bail in their favour. The court observed that it is the judicial duty of all trial courts to undertake a review.
A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar further reiterated an earlier order — that it shall be the responsibility of every judge issuing an order of bail to monitor its execution and enforcement. “In case a judge stands transferred before the execution, it shall be the responsibility of the successor judge to ensure execution. This shall be reported in the statements sent by the judges,” the court had said.
The court’s observation came on a plea by advocate Ajay Verma, who flagged inability of the prisoners to furnish bail bonds in the orders granting bail to them, and were, therefore, languishing in prisons for a long period of time despite orders of bail in their favour. Verma also referred to a case in which the trial court judge had concluded trial in 2015, but no judgment was pronounced till date. “Due to this, the accused is behind bars,” the counsel submitted. The bench responded, “This is a serious matter and it needs to be looked into”.
“We are extremely pained to note that despite the clear law having been laid on the subject, not only the authoritative directions of the Supreme Court of India as well as the repeated judicial pronouncements of this court and the clear statutory provisions, prisoners are still languishing in jail,” the bench added.