Frame SOP to ensure release of inmates within 48 hours of getting bail: Delhi HC

The Delhi high court on Tuesday asked the authorities concerned in the national capital to frame a standard operating procedure (SOP) to ensure that inmates who have been granted bail are released from jail within a period of 48 hours.

A bench of acting chief justice Manmohan and justice Amit Mahajan said that in cases where an inmate is being released on account of exigencies, such as attending a funeral or a marriage, the time frame has to be compressed further.

The court, which was hearing a case initiated by it over alleged delay in acceptance of bail bonds by jail authorities for the release of inmates, asked the Delhi government counsel to take instructions and file a fresh affidavit within 10 days.

The Delhi government counsel said delays may happen in the release of an inmate on account of the time taken by the police for verification of details of the surety furnished by him and there is already a police circular in place setting a time frame for the same.

The court remarked that a majority of inmates are poor and are represented by legal aid lawyers. It is not possible for them to keep following up with everyone once bail has been granted.

“Make an SOP so that he is released within 48 hours...just make it such that the person gets released in 48 hours,” the court said. “For special emergencies like funerals, you will have to compress it to 5-6 hours,” it added.

The court, which remarked that the situation in jails was “very serious” as they were functioning at more than two times their capacity, suggested the use of technology to expedite the process and asked the Delhi government lawyer to state the proposed steps and resources needed to resolve the issue of delays.