Identify all probationers eligible for bail, SC tells jail authorities – Times of India

NEW DELHI: The Supreme Court on Tuesday asked jail inspectors to identify all inmates, including women inmates who have undergone jail term for one-third or half of the maximum sentence prescribed for the offenses they are accused of, and take up their cases to send approval to the concerned courts for bail.
Passing this order, a bench of Justices Hrishikesh Roy and SVN Bhatti said, “We are looking at the last person who is behind the walls of prisons and whose voice we cannot hear. We must not miss a single eligible prisoner. for granting bail under Section 479 of Bhartiya Nagarik Suraksha Sanhita (BNSS).
“Prison inspectors should make a special effort to identify women prisoners, some of whom are housed with their young children, who would be eligible for bail under Section 479,” the court said.
After hearing amicus curiae Gaurav Agrawal and NALSA counsel Rashmi Nandkumar, who posted statistics on the implementation of earlier orders of SC seeking early release of under-trial prisoners, the court expressed surprise over many sub-trials, which are first-time offenders and are not granted bail by the courts.
Section 479 provides: The undertrial prisoners not charged for heinous offenses punishable with maximum punishment of life/death penalty shall be released on bail if they have served one-third of the maximum term of imprisonment prescribed for the offense ( first offenders) or half the maximum prison sentence (for other suspects under trial). However, it ruled that those facing trial in multiple cases cannot avail of this liberal bail provision.
SC in its earlier orders had also made mandatory compliance of Section 479(3) which stated: “The Superintendent of the Jail, where the accused is kept, shall, on completion of half or one-third of the period of confinement, immediately make a written application to the Court for the release of such person on bail. This is comparable to Article 436A of the Code of Criminal Procedure.
According to the 2022 prison statistics, of the 5,73,220 prisoners, 4.1% or 23,772 are women, of which 80% are between 18 and 50 years old.
The court also revealed another problem: an undertrial prisoner may initially be arrested for a heinous offense, but the court can file charges for a lesser offense that does not include life or death as the maximum penalty. imposed.
The Justice Roy-led bench said the jail records may not be updated after the court files lesser charges and their cases would not be recommended for grant of bail after serving one-third or half of the maximum sentence prescribed for the punishment. minor violation.
It asked prison inspectors to verify such cases and take appropriate action under Section 479 of BNSS.