NEW DELHI, MARCH 10: Taking a humane view of the plight of undertrials languishing in Central Tihar Jail here for nearly three years despite being granted bail, the Delhi High Court on Friday ordered release of 200 such prisoners. These undertrials, lodged in judicial custody for petty offences, could not get out of the prison as they failed to arrange for a person who could stand surety for them after the trial courts had granted them bail. Justice Dalveer Bhandari, after scrutinising a list of 252 undertrials, cleared the release of 200 and waived off the surety condition. They were directed to furnish personal bonds in the concerned courts. The court asked Jail Superintendent Sri Gopal Murthy to file a report on the compliance of its order by March 27, the next date of hearing on a petition by a prisoner, Vinod Kumar, pleading for his release as he has already been granted bail.The prisoners ordered to be released were involved in offences like theft, pick pocketing, brawls or booked under Arms Act for possessing weapons like knives, punishable by a maximum term of three years if convicted.Justice Bhandari, who had taken similar action in 1994 and 1996 and had ordered release of about 790 prisoners said the cases of remaining prisoners with such cases would be taken up on next date.Different trial courts in the Capital had fixed surety amount in each case between Rs 2,000 and Rs 15,000 depending upon the nature of offence and none of the prisoners could arrange for a surety to secure his release.As the court suggested that the surety amount of those who were not ordered to be released on Friday would be reduced, Murthy said he would have to consult the jail authorities and government counsel on this aspect.The government counsel did not appear due to the strike by city lawyers.Prisoners, whose cases were deferred for next date, were allegedly involved in serious crimes like rape, kidnapping, drug peddling, dowry-related offences, attempt to murder, abetment in murder, dacoity and robbery, but were granted bail by the trial courts.Murthy said the scrutiny of the prisoners, who were held back in jail despite being granted bail, was done by the jail authorities recently following the High Court direction.He said it was difficult for jail authorities to find out whether a prisoner is granted bail or not as they either get from the court a warrant for keeping a prisoner in custody or for his release.The release warrant never mentions whether a prisoner was granted bail or released after discharge or acquittal, Murthy clarified.
