The Supreme Court has issued notice on a writ petition urging the adoption of digital mechanisms for verification of bail sureties, aimed at preventing unnecessary delays in releasing undertrial prisoners who have already secured bail. The matter came before a Bench comprising Justice Vikram Nath and Justice Sandeep Mehta, which also directed impleadment of the National Legal Services Authority (NALSA) through its Member Secretary.
The petitioner, a senior citizen residing in Italy for over two decades, was arrested at the Delhi Domestic Airport earlier this year under Sections 39, 49 and 51 of the Wild Life (Protection) Act, 1972, on allegations of carrying a deer horn valued at approximately 20 Euros. Despite being granted bail, he remained incarcerated for eight additional days as his sureties, who had travelled from Kerala to Delhi, underwent time-consuming verification by the local police.
The plea underscores systemic inefficiencies in bail procedures, particularly highlighting the absence of technological solutions for executing and verifying sureties. According to the petitioner, the process often requires sureties to travel long distances, while police authorities must physically visit their residences, causing significant delays. As a result, accused persons are forced to continue in custody even after bail is granted. The petitioner further pointed out that most Courts accept sureties only personally known to the accused, compounding the difficulty.
Seeking redress, the petitioner has requested directions to the Union Government, Delhi Government and Delhi Police to implement digital platforms for surety execution and verification, thereby aligning bail procedures with present-day realities where individuals frequently travel across the country and abroad. In addition, the petitioner sought individual reliefs including return of his passport, relaxation of bail conditions restricting his foreign travel, and an inquiry into alleged mistreatment at Tihar Jail.
Observing that the issues raised warrant consideration, the Supreme Court has listed the matter for further hearing on September 15.
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