Supreme Court moots mechanism to check cases where accused is not released despite grant of bail

The Supreme Court on Tuesday suggested that a mechanism could be put in place to check on cases in which accused persons are not released from jail in a timely manner despite being granted bail [In Re: Policy Strategy for Grant of Bail]..A Division Bench of Justices Abhay S Oka and Augustine George Masih acknowledged that even after the grant of bail, accused persons may not be released from jail on account of various reasons, including the inability to meet bail conditions such as expensive sureties. The Court proposed that such matters could be automatically relisted before the Bench that had passed the bail order, so that corrective steps may be taken. "Specially conditions regarding giving bonds/surety after getting bail from he court, and these individuals (referring to poor accused persons) cannot do compliance of this. Can there be a system where if the persons are not released (in a timely manner) after bail, the matter will be listed automatically after sometime before the court which has initially granted bail?" Justice Oka orally remarked..Senior Advocate Liz Mathew, appearing as Amicus Curiae added that the concerned court which granted bail could take suo motu cognisance of such situations. The Bench replied that a body may have to be tasked with informing the concerned court of such cases. "We need to look for a body who can inform the court to take up the cases of those prisoners who don't get released on bail," Justice Oka said..Meanwhile, the counsel for the National Legal Services Authority (NALSA) informed the Bench about a scheme meant to support to poor prisoners. This scheme involves the grant of financial aid to poor prisoners (up to ₹40,000 for undertrials and ₹25,000 for convicts) by the Central government, the Court was told. The Court has asked for more details of this scheme to be placed before it."Please place the scheme before us. We need to look into as to the procedure of applying for this scheme and also how much time does it take for relief to prisoners who have been granted bail by the court. We are not sure as to how much time is taken for the relief to reach to the accused or convicted person," the Court said..The Bench was hearing a suo motu case dealing with the grant of bail in cases where appeals of convicts against their conviction have remained pending for long.In earlier orders, the Court had issued a slew of directions to ensure that convicts are aware of their options when it comes to applying for permanent remission (premature release from prison) or challenging the rejection of such applications..Reasons for rejection of remission must be supplied to convicts: Supreme Court.Today, the Court considered the compliance reports filed by various States and Union Territories on how they handle remission applications from prisoners. During the hearing, the Court also asked the State of Manipur to consider establishing a mental care facility ward in its prison to deal with prisoners suffering from mental illnesses.The Court made the suggestion after taking note of five prisoners who had sought a transfer from jail to a mental health centre on the ground that they were suffering from a mental ailment. The Court had earlier directed their inspection by a medical board. The medical report said that these prisoners were suffering from mental instability but that the State did not have an adequate mental health facility to treat them."In the State, necessary mental healthcare facilities are not yet set up. Therefore, the State will consider of creating a separate ward in the prison for the benefit of these prisoners and provide them mental healthcare facilities in that part of the prison. In fact, the State will have to comply with the standards and procedures of mental health services in prison as laid down by Rules 10 and 11 of the Mental Healthcare (Rights of Persons with Mental Illness) Rules, 2018. The State Government shall take steps accordingly by providing facilities in the prison," the Court, therefore, ordered the Manipur government. .The Court will hear the matter next on December 18, 2024..[Read Order].[Live Coverage]