HC directs e-transmission of bail orders for prompt release
PRAYAGRAJ, Nov. 6 -- To ensure that no person remains in jail after being granted bail, the Allahabad high court has directed the use of the Bail Order Management System (BOMS) for the electronic transmission of bail orders to facilitate the immediate release of prisoners.
Justice Arun Kumar Singh Deshwal, while granting bail to an accused in a kidnapping case, noted persistent delays in communicating bail orders to jail authorities.
"The personal liberty of a person is a fundamental right under Article 21 of the Constitution of India.
Therefore, a person cannot be deprived of his liberty, except the procedure established by law. Once a Court grants bail to an undertrial or convict, then it is the right of that undertrial or convict to know about the bail order immediately, so that he/she does not remain confined in jail because of the laxity on the part of the judicial system or jail administration or other instrumentality of the State. The Apex Court also showed its concern about the liberty of a man who has been granted bail in the case of Policy Strategy for Grant of Bail (supra)," the court observed.
In its order dated November 4, the court noted that despite the Supreme Court's 2024 ruling, bail orders often do not reach jail authorities promptly.
The registrar (compliance) informed the court that due to the absence of jail details in bail applications, it becomes difficult to send copies of bail orders directly to the jail superintendent. Accordingly, the court directed that advocates must mention the details of the jail concerned while filing bail applications to ensure speedy communication and release....
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