Delhi High Court Takes Suo Motu Action Against Jail Authorities for Delay in Accepting Bail Bonds

The Delhi High Court has taken suo motu cognizance of delays by jail authorities in accepting bail bonds, describing the situation as unacceptable. Justice Amit Mahajan’s bench issued a notice to the Director General of Prisons and the Delhi Government, asking them to submit an affidavit. A follow-up hearing is scheduled for March 7. The […]

by Drishya Madhur - February 28, 2024, 2:25 pm

The Delhi High Court has taken suo motu cognizance of delays by jail authorities in accepting bail bonds, describing the situation as unacceptable. Justice Amit Mahajan’s bench issued a notice to the Director General of Prisons and the Delhi Government, asking them to submit an affidavit. A follow-up hearing is scheduled for March 7.

The court explained its usual procedure for releasing prisoners on bail, noting that orders for release are sent directly to jail authorities through the FASTER cell. Sometimes, bail orders direct the bail bond to be given directly to the jail superintendent to expedite release without the prisoner returning to the trial court.

The court’s decision to initiate the matter came after hearing a petition where the petitioner’s bail bond, ordered to be submitted to the jail superintendent, was not processed. The petitioner had not been released even after 11 days, despite their sentence being suspended by the court’s order.

The court criticized the delay in accepting bail bonds, stating that the purpose of granting bail is to release the accused/convict from imprisonment promptly. The court questioned why the jail superintendent took one to two weeks to accept bail bonds, especially in cases of interim bails granted on medical or other urgent grounds.