Dehradun: The Supreme Court has mandated the release on bail of undertrial prisoners in Uttarakhand who have completed one-third of their maximum sentence. This directive does not apply to those charged with serious offenses punishable by life imprisonment or death.
As a result, around 300 undertrial prisoners in Uttarakhand jails will be released. This decision aims to alleviate the plight of prisoners who have been detained for extended periods without trial. According to the order, prisoners who have served 14 years or more may be granted bail, and those who have served over 10 years may also be eligible, provided there are not under trials for crime involving life imprisonment or death sentence.
This order to be implemented on old prisoners too
This provision is under section 479 of the new law BNNS (Indian Civil Justice Code), which the Supreme Court has ordered to be implemented on old prisoners as well. After the Supreme Court order, a letter has been issued to the superintendents of all the jails in the state. According to the Supreme Court, all the jail superintendents will have to see which undertrial prisoners are there in their jails who have spent one-third of their sentence. Afterwards, their bail application will have to be filed in the district court.
684 undertrial and 566 convicted prisoners in Haridwar jail
The order will bring significant relief to the jails in Dehradun, Haldwani, and Haridwar, which currently have more undertrial prisoners than their total capacity. This overcrowding places an additional burden on the system and subjects’ prisoners to inhumane conditions. According to an RTI, the Dehradun district jail, with a capacity for 580 prisoners, currently holds over 900 undertrial prisoners and 369 convicted prisoners. Similarly, the Haldwani district jail, designed for 635 prisoners, accommodates 1,300 undertrial and 140 convicted prisoners. The Haridwar district jail, with a capacity for 888 prisoners, currently houses 684 undertrial and 566 convicted prisoners.
Hundreds of undertrials to be released
Approximately 300 undertrial prisoners in Uttarakhand jails will be released following a Supreme Court directive. “We have issued instructions to all jail superintendents based on the Supreme Court’s order,” stated Dadhi Ram Maurya, Uttarakhand’s Deputy Inspector General of Prisons. He added, “A list of eligible prisoners is being compiled, and further action will be taken accordingly.”
Relaxed bail provisions for first-time offenders
The Supreme Court’s ruling is part of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which introduces relaxed bail provisions for first-time offenders. Under this law, first-time offenders can seek bail if they have served one-third of the maximum sentence for their alleged offense. The Supreme Court has directed jail superintendents to process applications for all eligible undertrial prisoners within three months.
