NEW DELHI: The Supreme Court on Tuesday asked jail superintendents to identify all under-trial prisoners, including women under-trials, who have been incarcerated for one-third or one-half of the maximum sentence prescribed for the offenses they are accused of and refer the cases to competent courts for granting. bail.
A bench of Justices Hrishikesh Roy and SVN Bhatti gave this order and said, “We are looking at the last person who is behind the walls of the jails and whose voice we cannot hear. We should not lose any prisoners who are eligible. for grant of bail under section 479 of the Bhartiya Nagarik Suraksha Sanhita (BNSS).”
“Jail superintendents must take special action to identify under-trial women inmates, some of whom may be lodged with their young children, would be eligible for bail under section 479,” the court said.
After hearing amicus curiae Gaurav Agrawal and NALSA counsel Rashmi Nandkumar, who made statistics on the implementation of earlier SC orders directing speedy release of under-trial prisoners, the court expressed its surprise that many prisoners, who are criminals for the first time, not being granted bail by the courts.
Section 479 provides: Those under trial, who are not facing charges of heinous crimes that carry a maximum sentence of life/death, shall be released on bail if they have served one-third of the maximum term of imprisonment for the offense (first-time offenders) or half of the maximum prison term (for other defendants on trial). However, it provided that those facing trial in multiple cases cannot benefit from this liberal bail provision.
The SC, in its earlier orders, also mandated compliance with Section 479(3), which provided: “The Superintendent of the jail, in which the accused person is detained, on the completion of one-half or one-third of the period of detention, shall forthwith submit a written application to the Court to proceed with the bail of that person. This is similar to Section 436A of the Criminal Procedure Code”.
According to 2022 prison statistics, out of 5,73,220 inmates, 4.1% or 23,772 are women, of which 80% are aged 18-50.
The bench also pointed out another issue – a remand prisoner may be initially arrested for a heinous crime, but the court may frame charges for a lesser offense that does not carry life/death as a maximum penalty.
The bench headed by Justice Roy said the jail records may not be updated after lesser charges are framed by the court and their cases will not be recommended for bail on serving one-third or one-half of the maximum sentence prescribed for the offense more small
It asked the jail superintendents to check such cases and take appropriate action under Section 479 of the BNSS.