No concession on bail bond to undertrials capable to engage private lawyers: HC

The Delhi High Court on Wednesday said no concession would be given to undertrial prisoners who are able to engage private lawyers but cite poverty as a reason for not furnishing a bond on being granted bail. A bench of Chief Justice D N Patel and Justice C Hari Shankar observed that too much leniency creates a problem as then nobody will furnish a bail bond.

The court asked Delhi government standing counsel Rahul Mehra to apprise it on the next date of hearing whether any undertrial prisoner has absconded after getting the relaxation of not furnishing the bail bond. As per an earlier report by the prison authorities, 295 prisoners have been released on bail without a bond.

The bench also asked the government counsel to find out if the undertrials, who are claiming poverty, have been engaging private lawyers to defend themselves in the cases or are getting legal aid. "We do not want to give too much relaxation. Enough is enough. Those who are already released are released, we are not going to show too much relaxation," it said.

The court was hearing a PIL filed by advocate Ajay Verma, who contended that hundreds of people were languishing in Tihar Jail here, despite grant of bail. During the hearing, the bench also said if the undertrials can pay fees to private lawyers that too in a place like Delhi, why can't they furnish bail bond.

"You don't have to give any cash, bond is a mere promise to pay, that too, if you flee after getting bail. We are very clear, not even a slightest of concession for those who are not taking legal aid and are able to engage private lawyers," it said. The court listed the matter for further hearing on December 6.

The PIL has blamed the trial courts for not exercising the option of personal bond for financially unstable prisoners and said it was a "misuse of discretionary powers by the judicial system". The high court had in December 2017 said it was "pained" that undertrials were languishing in Tihar Jail despite getting bail as they could not furnish a bond or surety due to poverty and had issued a slew of directions to be followed by trial courts to ensure that such people get relief.

It had said several Supreme Court verdicts have held that fundamental rights of even a prisoner accused of serious offences cannot be overlooked under any circumstances. The high court had said even the Law Commission had recommended that risk assessments be carried out of undertrial prisoners, who languish in jail as they cannot fulfil bail conditions, so that they can be released.

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