Supreme Court orders release of undertrials languishing in jails

More than two lakh undertrials will be out of jail soon, after the Supreme Court on Friday ordered the release of those prisoners who have spent half of the maximum sentence prescribed for the offences they are charged with.

The court asked the trial court judges to allow them to be out of jail on personal bond with or without any surety which means the accused will have to remain out on bail and face the trial. 

The court directed the trial court judges to visit jails from October 1 to identify the undertrials who have already undergone half of the maximum sentence and asked the judicial officers to complete the task within two months. 

"The judicial officers (magistrate/sessions judge/chief judicial magistrate) shall identify prisoners who have completed half of the maximum period of imprisonment provided for the offences they are charged with. After complying the procedure under Section 436A of Criminal Procedure Code, they shall pass appropriate order in jail itself for the release of such prisoners," the bench headed by chief justice R M Lodha said.

This court’s order will bring big relief to lakhs of prisoners who are poor and languishing in the jail in petty cases as they are not able to pay sureties and bail bonds to get out of jail.

The bench referred to Section 436A of Cr Pc which speaks about maximum period for which an undertrial prisoner can be detained and it stipulates that such prisoners can be released by the court on a personal bond with or without sureties if he/she has spent half of the maximum period of imprisonment in jail.

The court was informed that there are about 3.81 lakh prisoners across the country out of which about 2.54 lakh, are undertrials.

The bench was told that in many cases the accused have spent more time in jail than the actual sentence which might be awarded to him or her in case of conviction. 

The apex court made it clear that there is no need for lawyers to be present while judicial officers take decision for release of prisoners and asked the judicial officers to file compliance report with the Registrar General of concerned high court after finishing the assignment.

Thereafter the registrar general of high courts shall file report with the secretary general of the Supreme Court. 

The court order came on two different PILs seeking court’s order for constitution of fast track court so that their cases can be expeditiously disposed of or release the prisoners on bail as they have been languishing in jail for several years for petty offences.