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UP: Undertrials to get 8-week interim bail in select cases
A high powered committee of the Allahabad high court has directed all the district judges of the state to ensure that all undertrial prisoners facing criminal cases carrying a maximum sentence of up to seven years are released on interim bail for eight weeks.
A high powered committee of the Allahabad high court has directed all the district judges of the state to ensure that all undertrial prisoners facing criminal cases carrying a maximum sentence of up to seven years are released on interim bail for eight weeks in view of the coronavirus outbreak and in compliance with a recent Supreme Court directive.
There are 100,744 prisoners lodged in 72 jails in Uttar Pradesh, including 72,372 undertrial prisoners and 28,372 convicted inmates, as per the February 2020 data of UP Prison Administration and Reform Services.
The jails have the capacity to accommodate 60,580 prisoners. The 72 jails in the state, include 62 district jails, three special prisons, five central and two sub-jails.
A memo by secretary, UP State Legal Services Authority (UPSLSA) to all district judges of the state said the high powered committee (HPC) was formed in compliance with a recent Supreme Court directive. The memo is dated March 27.
The committee comprising the executive chairman of UPSLSA, the additional chief secretary (home) and DGP (Prison) of Uttar Pradesh decided that undertrial prisoners of crimes in which the maximum sentence is seven years will be released on interim bail on furnishing a personal bond.
There will be a undertaking written on the personal bond that the accused shall surrender before the court after expiry of the interim bail period.
However, it has been kept open for the court concerned that some conditions may be imposed on the applicant while granting the interim bail, considering the circumstances of the case.
Further, to avoid overcrowding in courts, it has been clarified that the judges concerned will visit jail on alternate days to grant interim bail.
The assistance of prison officers and panel lawyers of District Legal Services Authority can be taken for drafting bail applications, to be moved by undertrial prisoners, according to the memo.
For this purpose, the district administration will issue passes to the judges/magistrates and panel lawyers during the lockdown period.
A day-to-day report regarding the number of paroles granted and interim bail applications moved and decided in a day will be communicated to the ‘State Level Monitoring Team’ by email and messaging app.
Earlier, on March 25, the Allahabad high court and all courts subordinate to it were closed till further orders.
Initially, through a notification dated March 18, it was directed that the high court at Allahabad and Lucknow will remain closed from March 19 to March 21.
Subsequently, another notification dated March 21 said high courts at Allahabad and Lucknow will continue to remain closed from March 23 to March 25 for the purpose of taking preventive and remedial measures to combat the threat of coronavirus.
Later, a notification was again issued by the registrar protocol of high court, stating that in continuation of the earlier notification, the high court at Allahabad and its Lucknow bench will remain closed till March 28.
PROCESS TO RELEASE 11,000 PRISONERS INITIATED
Director general of UP Prison Administration and Reform Services Anand Kumar said the process to release 11,000 prisoners was initiated on Saturday after a screening committee met on Friday
He said the list included around 8,500 undertrials lodged in jails accused of crimes with less than seven years of jail term and 2,500 inmates that are convicted for crimes with less than seven years of jail term.
The screening committee was set up after the Supreme Court directed all states and Union Territories to constitute their respective high-level panels to determine prisoners who could be released on parole for four to six weeks to prevent overcrowding in jails to help prevent the spread of coronavirus.
