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5,000 undertrial prisoners in jail despite being granted bail, only 1,417 released: NALSA to SC

The court had asked the states to issue directions to jail authorities to provide details of such UTPs to NALSA
Last Updated 31 January 2023, 19:10 IST

The Supreme Court was on Tuesday told that as per recent data about 5,000 undertrial prisoners were in jails despite being granted bail and 1,417 of them have been released.

In a report filed in the apex court, the National Legal Services Authority (NALSA) has said it is in the process of creating a "master data" of all such undertrial prisoners (UTPs), who are unable to furnish surety or bail bonds due to poverty, including the reasons for non-release from jail.

The top court had in its November 29, 2022 order flagged the issue of UTPs who continue to be in custody despite being granted bail on account of their inability to fulfil the conditions of bail.

The court had asked the states to issue directions to jail authorities to provide details of such UTPs to NALSA, which will process it for making necessary suggestions on how to deal with this issue and provide legal assistance wherever necessary.

The order was passed days after President Droupadi Murmu, in her maiden Constitution Day address at the Supreme Court, had highlighted the plight of poor tribals of her home state Odisha and Jharkhand, saying they remain incarcerated despite getting bail for lack of money to furnish the bail amount or arrange sureties.

The matter, which relates to policy strategy for grant of bail, came up for hearing on Tuesday before a bench comprising Justices S K Kaul and A S Oka.

Advocate Gaurav Agrawal, who is assisting the apex court as an amicus curiae in the matter, referred to the report filed by NALSA.

"Based on the information received from almost all the state legal services authorities, it transpires that there were about 5,000 under trial prisoners who were in jail, despite grant of bail. Out of which, 2,357 persons were provided legal assistance. As many as 1,417 persons have since been released," the report said.

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(Published 31 January 2023, 19:10 IST)

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