Mumbai: The State government may release undertrials being tried for petty crimes carrying maximum jail terms of seven years to ease the pressure on prisons. This is among the 18 recommendations made to the government by retired Bombay High Court Judge Abhay Oka, which are being studied by the Justice Radhakrishnan Committee, appointed to suggest ways to improve conditions in jails and ensure they are not above capacity.
Following the death of inmate Manjula Shetty in the Byculla women’s prison, the government is working on a complete overhaul of how jails are run in the State.
is being seriously considered. A Justice Radhakrishnan committee to study the recommendations in this regard made by retired justice Abhay Oka held its meeting in this regard on July and the next meeting scheduled on July 19.
As per the Supreme Court’s directions and an amendment to article 436 A of the CrPC in 2013, undertrials in jail for more than seven days are entitled to bail on personal bonds. The amended CrPC article also says that an undertrial who has served half of the sentence that may be handed in jail is also entitled to bail.
State Home Department sources said article 436 A is being implemented after the SC appointed an undertrial review committee headed by the district magistrate in every district. “There are many cases where 436 is applicable but the undertrial hasn’t got bail due to administrative reasons. At present, 70% of inmates in the State’s central jails are undertrials. Not only does this put enormous pressure on the existing infrastructure, it also raises security concerrns,” sources said.
He added, “We are talking about petty criminals who will be out on bail but will be watched. In places like Mumbai, it is impossible to increase the capacity of existing jails. Conditions of the central jail is much worse in terms of capacity. However, a decision will be taken only after due precautionary measures.”
The Radhakrishnan Committee, comprising jail officials, legal representatives and researchers, discussed the issue on July 10. Home Department sources said the plan for improving jails will be finalised in six months.
