SUMAN K SHRIVASTAVA
Ranchi, Oct 9: In a major step toward protecting the rights of undertrial prisoners, the Jharkhand High Court has directed that anyone granted bail or suspension of sentence must be released immediately without delay. The Court issued detailed instructions to ensure faster communication between courts and jails after finding that a convict remained behind bars for seven years even after being granted bail.
Court Bench Expresses Concern Over Delay in Prisoners’ Release
A Division Bench comprising Justice Sujit Narayan Prasad and Justice Rajesh Kumar passed the order while hearing a case that exposed severe administrative lapses in implementing bail orders. The Bench observed that once bail is granted, keeping a person in custody for procedural reasons defeats the purpose of justice.
The Court’s order aims to eliminate bureaucratic bottlenecks that often delay the release of prisoners even after bail is approved by the court.
Refers to Supreme Court’s 2023 Bail Guidelines
The High Court cited the Supreme Court’s landmark judgment delivered on January 31, 2023, in “In Re: Policy Strategy for Grant of Bail,” where the apex court had framed a uniform policy for bail procedures across the country.
Reiterating those directions, the Jharkhand High Court stressed that compliance with the Supreme Court’s bail guidelines is mandatory for all state authorities.
Bail Orders to Be Emailed; Jail Superintendents Accountable
To ensure immediate implementation, the Bench directed that bail orders be sent by email from the concerned court to the prisoner through the Jail Superintendent on the same day or the next day. Jail officials must also record the details of each bail order in the official software.
If an accused is not released within seven days of the bail order, the Jail Superintendent must report the matter to the Secretary, District Legal Services Authority (DLSA), who will take steps to ensure the person’s release.
Relaxation of Bail Conditions After One Month
Recognizing that strict bail conditions can sometimes hinder release, the Court further directed that if the bail bond is not furnished within one month, the conditions of bail should be modified or relaxed.
These directions must be communicated to all District Legal Services Authorities and Jail Superintendents in the state.
Case That Triggered the Order: Seven Years in Jail Despite Bail
The matter came to the High Court’s attention after a shocking revelation that a convict had remained in prison for seven years despite being granted bail. The reason: failure to meet the bail bond conditions and lack of follow-up by authorities.
Taking serious note of the incident, the Court impleaded the Jharkhand State Legal Services Authority (JHALSA) as a party to the case to monitor compliance and prevent such lapses in the future.
HC Also Takes Up Issue of Female Victims’ Medical Examination
During the proceedings, the Court also addressed another serious issue raised by JHALSA — the medical examination of a female child rape victim by a male doctor. The Court noted that both the Protection of Children from Sexual Offences (POCSO) Act and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 mandate that such examinations must be conducted only by a female registered medical practitioner.
The Bench directed the Additional Chief Secretary, Health Department, Government of Jharkhand, to ensure that female doctors are posted in every Sadar Hospital across the state. The Court warned that failure to comply with this directive would be treated as contempt of court.
A Step Toward Speedier Justice
Legal experts say the order could help streamline the bail process in Jharkhand and reduce instances of prolonged illegal detention. The move also aligns with the judiciary’s ongoing efforts to make bail procedures more transparent, accountable, and technology-driven.
