Submit Status Report By May 31 On Release Of Prisoners Unable To Avail Bail Despite Getting Bail: Orissa High Court To State Govt

The Orissa High Court on Wednesday (May 12) sought a status report by May 31 from the State Government on the release of prisoners, who are languishing in jails and have been unable to avail bail despite being granted the same by the Courts.A Division Bench comprising of Chief Justice Dr. S. Muralidhar and Justice B. P. Routray was hearing two petitions concerning various issues persistent in the jails in Orissa.Regarding the prisoners who are unable to avail bail despite being granted bail by the respective Courts, the Amicus Curiae pointed out before the Court that in terms of the Judgment of the Supreme Court in Hussainara Khatoon v. State of Bihar (1980) 1 SCC 81, the said prisoners, wherever they unable to furnish bail bonds should be released on Personal Recognisance Bond (PR Bond).To this, the Additional Government Advocate stated that in terms of the aforementioned judgment and recommendation of the High Power Committee (HPC) constituted for the State of Odisha, instructions will be issued to the prison authorities to release on bail such prisoners by accepting PR Bonds.Thus, listing the matter for further hearing on 31st May, 2021, the Court asked the State Government to submit a status report in this regard by the next date. It may be noted, the Orissa High Court last month passed significant directions to ensure that all inmates lodged in prisons of the State are vaccinated against the deadly Covid-19 virus.Recently, the Gauhati High Court also asked the Assam Government to file its response on a suo moto PIL concerning jail inmates, who are allegedly not being vaccinated in the state.Observing that many Kashmiri prisoners locked up in different jails outside Kashmir are contracting COVID, the Jammu and Kashmir High Court Bar Association (JKHBA) earlier this month urged the Govt. Of India and UT Of J&K administration to either shift Kashmiri detainees to the nearest jails in the Kashmir valley or release them on parole.The Jammu and Kashmir High Court Bar Association (JKHBA) on Sunday expressed serious concerns over the health conditions of "hundreds of Kashmiri prisoners lodged in different jails in India".In related news, the Government of Union Territory of Jammu and Kashmir has informed the High Court that it is taking all relevant steps to ensure that all prisoners, whether convicted or under-trial, are inoculated against the Covid-19 virus.Advocate General DC Raina last week informed a Division Bench comprising of Chief Justice Pankaj Mithal and Justice Rajnesh Oswal that the government is conscious of its obligation and appropriate steps are being taken for the vaccination of all the citizens including under-trial as well as convicted prisoners.Click here to download the orderRead Order

Submit Status Report By May 31 On Release Of Prisoners Unable To Avail Bail Despite Getting Bail: Orissa High Court To State Govt

Sparsh Upadhyay

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