Direct Transmission Of Bail Orders; Immediate Release Of Prisoners: Allahabad High Court Issues Directions For Timely Release After Bail

In a significant order aimed at ensuring that no person remains in jail after being granted bail, the Allahabad High Court on Tuesday issued comprehensive directions for the direct electronic transmission of bail orders and immediate release of prisoners through the Bail Order Management System (BOMS) in spirit with the Supreme Court's 2023 verdict In Re Policy Strategy for Grant of Bail. A bench of Justice Arun Kumar Singh Deshwal, while granting bail to a Kidnapping accused, took note of persistent delays in implementing bail orders. The single judge emphasized that personal liberty which is protected under Article 21 of the Constitution, cannot be curtailed due to administrative laxity. In its 7-page order, the Court observed that despite the Supreme Court's 2024 ruling, bail orders often do not reach jail authorities promptly. The Registrar (Compliance) informed that due to the absence of jail details in bail applications, it becomes difficult to send copies of bail orders directly to the Jail Superintendent. Consequently, the bench was apprised, orders are routed through the Inspector General (Prisons) and Chief Judicial Magistrates which causes delay in communication of bail orders. Taking note of this practice, Justice Deshwal stressed that once bail is granted, it becomes the right of the undertrial or convict to be informed immediately. Court added that this is to ensure that no one remains confined in jail because of laxity on the part of the judicial system, jail administration or any other instrumentality of the State. The Court noted that it has come across a number of cases where, for want of verification of sureties, an accused-undertrial or convict remains confined in prison, even after getting the bail from the concerned court. It further noted that some of the officials of revenue department as well as police department are involved in corrupt practice in the name of verification of sureties, which is a menace in the administration of justice. Thus, the Court observed that verification of sureties should be conducted in the court premises itself through electronic process, so that the accused/convict, after getting bail, does not remain in prison even for a single day. Justice Deshwal also noted that even after the introduction of the Bail Order Management System (BOMS), jail authorities often release inmates only in the evening after physically collecting release orders from courts. Justice Deshwal noted that such a practice has no place in the Jail Manual. He also reminded that Rule 91 of the U.P. Jail Manual, 2002 mandates that release orders must be complied with promptly and that prisoners shall ordinarily be released the same day. Accordingly, the Court issued the following directions in the spirit of the directions issued by the Apex Court in Policy Strategy for Grant of Bail: Advocates should mention the jail details in the bail application where the accused applicant or convict has been under incarceration so as to enable the Office/Bail Section of this Court to send the bail orders to the undertrial/convict-applicant immediately.The Reporting Section of the HC will not clear any bail application filed in this Court or its Bench at Lucknow after 01.12.2025, unless the detail is mentioned in the bail application regarding the jail where the applicant is, at present, under incarceration.Notice of this direction should also be given to Advocates through Bar Association, High Court, Allahabad and such notice shall also be pasted outside the Reporting Section, apart from notifying the same on the official website of the High Court of Judicature at Allahabad. CPC, High Court, Allahabad will coordinate with the NIC to get direct access to e-prison portal through dedicated ID in concerned criminal sections so that bail orders from the HC can be sent to the applicant (undertrial or convict) promptly through the Jail Superintendent, without any outside interference, which is possible through e-mail. NIC to cooperate with the CPC, High Court, Allahabad for the aforesaid issue. The Additional Chief Secretary (Home), Secretariat, Government of U.P., Lucknow is directed to issue a direction to the officials concerned for ensuring the establishment of electronic verification of sureties in the district courts' compound itself in coordination with the District Judge concerned. The Director General (Prison) is also directed to issue necessary direction to all prison authorities to release a jail inmate immediately after receiving the electronic release order through BOMS instead of collecting of the release orders from the Courts and then release the jail inmates in the evening. The Registrar (Compliance) has been directed to circulate a copy of this order to the Chief Secretary, Additional Chief Secretary (Home), Director General (Prison), Deputy Director General (NIC), ...

Direct Transmission Of Bail Orders; Immediate Release Of Prisoners: Allahabad High Court Issues Directions For Timely Release After Bail

Sparsh Upadhyay

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