The Delhi High Court has asked the city police commissioner to ensure that local surety bonds furnished for the release of prisoners from jail are verified and returned to prison authorities at the earliest, preferably by the next day.
The high court passed the order while expressing concern over "unlawful delay" in release of accused, convicts or undertrial prisoners from jail despite securing bail and said this needs to be addressed as it touches upon their right to liberty.
"The very purpose of interim bail / bail stands frustrated, in case substantial time is consumed for the purpose of verification of sureties without consideration of exigencies," Justice Anoop Kumar Mendiratta said.
The high court also asked the Director General (Prisons) to sensitise jail superintendents about considering bail bonds expeditiously in accordance with law and without raising unnecessary objections.
The high court was hearing a matter in which a man, lodged in jail in a criminal case, was granted interim bail by it on February 14 for one week on furnishing a bail bond of Rs 25,000 with two sureties of the like amount.
However, he remained in custody till he filed another petition in the first week of March, seeking his release in terms of the interim bail order.
Responding to the petition, the counsel for the state submitted there was a delay as the verification reports on the sureties was received only on February 26 and 28.
Thereafter, the sureties were contacted telephonically on February 29 and the accused man was released on March 1.
The high court said once bail orders have been issued by courts, the state is bound to ensure smooth release of an accused or convict at the earliest, without any "bottlenecks or delay".
"This court is conscious of the fact that the process of physical verification of surety bond may take some time due to understaffing or overwork of the police officials but the same cannot be countenanced in case the delay in verification of surety bonds extends for a period of two weeks," it said.
The court said the verification of local surety bonds needs to be ensured within strict timelines to avoid any exploitation of a prisoner or surety.
"Considering the facts and circumstances, necessary instructions be issued by the Commissioner of Police, Delhi to ensure that the local surety bonds, if forwarded for verification, are returned back at the earliest within strict timelines, without occasioning any delay and preferably by the next day," it said.
