ORDER R.S. Sodhi, J.
1. By order dated 7th September, 2000, I had directed the Director General, Central Jail, Tihar, to supply information as to how many prisoners had been admitted to bail but have not been able to secure their release on the ground that they were unable to furnish the requisite bail bonds. Pursuant to my above order, the Additional Director General cum Inspector General Prisons, Prisons, Headquarters Tihar, New Delhi has supplied me a list of 342 prisoners who, inspite of being admitted to bail, have not been released because they could not furnish the requisite bail bonds. On going through the list supplied, it appears that a large number of prisoners have been languishing in jail for many months inspite of bail orders. This, I find, most disturbing.
2. The Supreme Court in various decisions over the period of time has emphasized the necessity of ensuring that the provision of bail is not made illusory by attaching such conditions that make the benefit extended to the prisoner beyond his means. I need not load this order of mine with precedents. Suffice it to say that even as late as 27.3.2000 in Criminal Misc. No. 1327/2000 in Criminal Appeal No. 239/99, Hon. Mr. Justice Dalveer Bhandari was at pains to direct his attention to the human suffering and has analysed the law on the subject requiring the trial courts to be sensitive on the question of liberty. In view of the alarming position that has been depicted in the list provided by the Inspector General of Prisons, I direct the trial courts which have admitted the under trials to bail to reconsider their orders so as to make the conditions of bail such as are within the means of the undertrial to enable him to avail of the benefits of the order admitting him/her to bail. Once the court has found the undertrial fit to be admitted to bail, it must follow that the Court would look into the reasons why the accused has not been able to enjoy the benefits of the order of bail. The Court must, on its own, protect the interest of the accused so that the underprivileged do not feel left out nor be forgotten or feel that they are children of the lesser Gods. The Constitution enjoins upon the Court to zealously safeguard the dignity and freedom of the citizens and if an order of the Court admitting an accused to bail cannot be availed of, it certainly reflects poorly on the administration of justice. Without dwelling further on this matter, I also direct the Inspector General of prisons to move appropriate applications before the courts concerned to bring to their notice that the bail order admitting the Prisoners to bail has not been availed of for reasons whatever. There may be some matters where bail has been granted by the High Court. In those matters the prisoners be advised by the Superintendent, Central Jail, Tihar, to move applications before the High Court bringing to its notice that the bail orders admitting the prisoners to bail have not been availed of for whatever reasons. This exercise must commence forthwith.
3. With these directions, Crl.M.(M) 3360/2000 stands disposed of.
4. The Registry is directed to circulate copies of this order to the trial courts dealing with criminal matters, Inspector General of prisons and the Superintendents, Central Jail, Tihar.