Verification Of Local Surety Bond Needs To Be Ensured Within Strict Timelines To Avoid Exploitation Of Prisoner Or Surety: Delhi High Court

The Delhi High Court has observed that verification of local surety bonds needs to be ensured within strict timelines in a time bound manner to avoid exploitation of prisoner or surety in any manner.

Justice Anoop Kumar Mendiratta said that after bail orders have been issued by the Court, the State is bound to ensure smooth release of the accused or convicts at the earliest, without any bottlenecks or delay.

The court observed that unlawful delay in release of accused or convicts or undertrial prisoners despite being admitted to bail needs to be addressed as it touches upon their rights of liberty.

“The very purpose of interim bail/bail stands frustrated, in case substantial time is consumed for the purpose of verification of sureties without consideration of exigencies,” the court said.

Justice Mendiratta said that the Court is conscious of the fact that the process of physical verification of surety bond may take some time due to understaffing or overwork of the police officials but the same cannot be countenanced in case the delay in verification of surety bonds extends for a period of two weeks.

The court ordered that necessary instructions be issued by the Commissioner of Delhi Police to ensure that the local surety bonds if forwarded for verification, are returned back at the earliest within strict timelines, without occasioning any delay and preferably by the next day.

“Director General (Prisons) is also directed to further sensitize Superintendent Jails for considering the bail bonds expeditiously in accordance with law and without raising of uncalled for objections,” the court said.

It directed that a copy of the order be forwarded to the Commissioner of Delhj Police as well as Director General (Prisons) for compliance and Action Taken Report be forwarded within two weeks.

The court was dealing with a plea moved by an accused seeking his release on interim bail in terms of an order directing him to be released on bail for one week on furnishing of bail bond of Rs.25,000 with two sureties of like amount.

It was his case that he was not being released on bail despite a judicial order which frustrates the very purpose of interim bail.

He further contended that the surety bonds furnished were accepted for verification only the next day by the Jail Superintendent after raising of several objections. He also submitted that despite efforts to coordinate with different Police Stations, he remained in custody.

Disposing of the plea, the court said that the very purpose of grant of interim bail on the medical grounds of surgery of the accused's wife stood adversely affected, since the bail order passed on February 14 could only be complied on March 01.

Counsel for Petitioner: Mr. Deepanshu Baisla, Mr. Abhishek Khari and Mr. Gaurav Tyagi, Advs

Counsel for Respondent: Mr.Amol Sinha, ASC (Crl.) with Mr.Kshitiz Garg, Mr.Ashvini Kumar, Ms.Chavi L Azarus and Mr.Arjun Singh Kadian, Advs

Title: SUJIT KUMAR SINGH v. DIRECTOR GENERAL OF PRISONS, GOVT. OF NCT OF DELHI

Citation: 2024 LiveLaw (Del) 270

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