The Delhi High Court observes that unlawful delay in release of prisoners despite being admitted to bail needs to be addressed as it touches upon their rights of liberty.

The DELHI High Court has observed that unlawful delay in release of accused/convicts/undertrial prisoners despite being admitted to bail needs to be addressed as it touches upon the rights of liberty of undertrials /convicts. The very purpose of interim bail/bail stands frustrated, in case substantial time is consumed for the purpose of verification of sureties without consideration of exigencies.In the instant case the accused had been granted an interim bail, however he was not released until the expiry of two weeks. The very purpose for which he had obtained the interim bail was defeated by the delay.

The High Court observed thus:

“The unlawful delay in release of accused/convicts/undertrial prisoners despite being admitted to bail needs to be addressed as it touches upon the rights of liberty of undertrials/convicts. The very purpose of interim bail/bail stands frustrated, in case substantial time is consumed for the purpose of verification of sureties without consideration of exigencies.
 
After the bail orders have been issued by the Court, the State is bound to ensure the smooth release of the accused/convict at the earliest, without any bottlenecks or delay. This Court is conscious of the fact that the process of physical verification of surety bond may take some time due to understaffing or overwork of the police officials but the same cannot be countenanced in case the delay in verification of surety bonds extends for a period of two weeks. The verification of local surety bonds needs to be ensured within strict timelines, in a time bound manner to avoid exploitation of prisoner/surety in any manner.”
 

SUJIT KUMAR SINGH Vs. DIRECTOR GENERAL OF PRISONS, GOVT. OF NCT OF DELHI