The Delhi High Court on Wednesday observed that no relaxation be given to undertrials who pay fees to private lawyers to represent them 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 said, “We do not want to give too much relaxation... Those who are already released are released, we are not going to show too much relaxation”.
The HC’s observation came while hearing a petition by advocate Ajay Verma, who contended that hundreds of people were languishing in Tihar Jail despite grant of bail.
The Bench 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.
Earlier report by the prison authorities stated that 295 prisoners have been released on bail without bond.
Claiming poverty
It 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.
The High Court listed the matter for further hearing on December 6.
The petition 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”.
