CUTTACK: The Odisha State Legal Services Authority (OSLSA) informed the Orissa High Court on Friday that 444 under-trial prisoners (UTPs) were in jails of the state despite being granted bail by courts.
The court was hearing a PIL on overcrowding and other problems in the prisons. The PIL was filed by one Krushna Prasad Sahoo in 2006. One of the issues which was raised was with regard to the UTPs who were directed to be released on bail, but have not been released because of their incapacity to furnish bail bonds.
Member secretary, Odisha State Legal Services Authority (OSLSA) Sudipta Acharya who was present in virtual mode admitted that 444 UTPs were in this category. He said several of them do not furnish bail bonds as they are accused in multiple cases.
While raising the issue Amicus Curiae Gautam Mishra pointed out that the Supreme Court had laid down a Standard Operating Procedure (SOP) which included release of such UTPs on Personal Recognisance Bond (PR Bond).
Taking on record the submissions, division bench of Chief Justice Chakradhari Sharan Singh and Justice MS Raman said, “The Court requests the Member Secretary OSLSA, in view of the seriousness and urgency of the matter, to hold online meeting with the secretary of District Legal Service Authorities within a week so as to ensure the Supreme Court directions are duly complied with.”
While posting the matter to April 22, the bench further said, “On that date the member secretary, OSLSA, shall also submit a report as regards to up-to-date position of UTPs who are still in jail custody despite bail orders granted in their favour.”
The OSLSA is expected to give data of all such UTPs who could not either furnish surety or bail bond due to poverty. According to records, on May 21, 2021, following a high court direction, the three-member high power committee (HPC) for decongestion of jails had passed a resolution that all prisoners involved in commission of offences punishable up to seven years languishing in jails of Odisha despite being granted bail on account of their inability to furnish bail bond will be released on Personal Recognisance Bond.
The report submitted by OSLSA then had indicated that a total 667 prisoners had been unable to avail bail despite being granted bail by the respective courts. Of them 354 were in jail for commission of offences punishable up to seven years.