Despite getting bail, 5000 undertrials still in prison; only 1,417 released: NALSA to SC
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New Delhi: On Tuesday, the National Legal Services Authority (NALSA) told the Supreme Court that 1,417 of the approximately 5,000 under-trial convicts who were being held in jails after being granted bail had been released.
A matter regarding the policy strategy for bail grants is being heard by a bench of Justices S.K. Kaul and A.S. Oka. The NALSA study was mentioned in court by attorney Gaurav Agrawal, who is an amicus curiae in the matter.
The top court was informed that in accordance with the November 29 order, the NALSA wrote to the state legal services authorities (SLSAs) requesting information regarding such under-trial prisoners (UTPs) within 15 days and they were also directed to provide necessary legal assistance for their release.
The SLSAs submitted the data with NALSA by the December end last year and then they were asked to furnish a progress report on legal assistance and release of those under trial, who were in custody despite being granted bail.
According to the report, there were about 5,000 under-trial prisoners who were in jail, despite the grant of bail and out of which, 2,357 persons were provided legal assistance, and 1,417 persons have since been released.
In November last year, the apex court flagged the issue of those under trial, who continue to languish in jail despite being granted bail, as they were unable to fulfil the conditions of bail. It had asked the state governments to issue directions to jail authorities to provide details of such UTPs to NALSA.
The NALSA, in the report filed in the apex court, said it is in the process of creating a "master data" of all such under-trial prisoners, who could not either furnish surety or bail bonds due to poverty.
According to the report, the accused continue to languish in jail despite being granted bail because they are accused in multiple cases and are not willing to furnish bail bonds until they are given bail in all the cases, as under trial custody will be counted in all the cases.
With inputs from IANS