'Releasing undertrials on bail with bond may hamper trial'

The Delhi government today told the Delhi High Court that most undertrials, languishing in Tihar Jail despite being granted bail, were accused in sexual offence cases relating to minors and cannot be released without a surety bond.
The government's counsel submitted that modifying the bail conditions of these offenders and releasing them without furnishing a surety (guaranteer) bond could hamper trial.
The submissions came during the hearing of a PIL claiming that over 300 undertrials were languishing in the Tihar Central Jail here, despite being granted bail.
Delhi government's counsel Gautam Narayan placed before a bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar, a list of 291 prisoners in whose favour conditional bail orders have been passed but due to inability to furnish surety bond, they were still incarcerated.

The court asked the government to modify the list of the prisoners and place before it on December 14, the next date of hearing.
The PIL was filed by advocate Ajay Verma alleging that despite judicial bail orders, 326 prisoners have not been released from jail due to inability to furnish surety bond.

During the hearing, Verma said the prisoners were unable to furnish surety bond due to their financial problems and some of them were not residents of Delhi.
The government's counsel said that court should not pass any blanket order modifying the bail conditions.
The court had earlier directed the AAP government to submit a status report on the petition giving details of the prisoners, including names, cases in which they were implicated or convicted, details of orders on bail or sentence and the reasons for not releasing them.

It had also appointed former Director General of Tihar Jail Sudhir Yadav as amicus curiae to assist it in the matter.
Seeking formulation of guidelines and certain directions, the plea has said a large number of citizens were lodged in jail awaiting trials before the courts and many of them have not been released despite bail orders for several months for not fulfilling the conditions attached with the bail orders due to poverty and ignorance.
The plea has said the Supreme Court had also directed that the legal services authorities may take up those cases before concerned court for relaxation on bail conditions.

It claimed that despite various directions of the apex court and the high court, the orders have not been implemented in the correct perspective.
It also sought to blame the courts for not exercising the option of personal bond for financially unstable prisoners and said it was misuse of discretionary powers by the judicial system.