Vijay Aggarwal vs UOI

The Superintendent of Prisons, Prisons Headquarters, Tihar Jail has filed Status Report giving offence wise detention period of under-trial inmates lodged in Tihar Jail. It deals with as many as 38 categories of cases. However, in the present case, we are not concerned with all these categories. Mr. Vijay Aggarwal, the petitioner-in-person, has drawn our attention to the judgment of the Supreme Court in the case of R.D. Upadhyay Vs. State of A.P. and Others, in which the Court inter alia passed the following orders for grant of bail to under-trials :

So far as the cases regarding attempt to murder are concerned, we direct that the cases which are pending for more than 2 years, the under trials shall be released on ball forthwith to the satisfaction of the respective trial courts. Persons facing trail for Kidnapping, Theft, Cheating, Arms Act, Counterfeiting, Customs, u/s 326 IPC, u/s 324 IPC, one year, shall be released on bail forthwith to the satisfaction of the trial courts concerned. There may be cases where the under trial persons may not be in a position to furnish sureties etc. In those cases, the trial courts may consider-keeping in view the facts of each case especially the period spent in jail-releasing them on bail by furnishing personal bonds.

As per the aforesaid directions, under trials who are facing trial for kidnapping, theft, cheating, arms act, counterfeiting, customs, u/s 326 IPC u/s 324 IPC, riots and u/s 354 IPC who are in jail for a period of more than one year, shall be released on bail forthwith to the satisfaction of the trial courts concerned. Under trials for the offence of attempt to murder, who have spent in jail more than two years, are to be released on bail forthwith to the satisfaction of the respective trial courts. Accordingly, it would cover the following categories :

The aforesaid persons would qualify for immediate bail keeping in the view the direction of the Supreme Court in R.D. Upadhyay (supra). The Jail Superintendent shall provide the details of these cases to the Delhi Legal Service Authority within one week. Panel lawyers of DLSA shall prepare appropriate applications for bail and file the same in respective Courts where cases are pending within one week thereof; the concerned Courts shall pass orders granting ball to these persons subject to orders of furnishing of requisite surety, etc. In those cases, where the under trials are not in a position to furnish the surety, the Trial Courts would consider the case by furnishing personal bonds keeping in view the facts of each case subject to the period spent in Jail.

On the other issue raised by the petitioner in this petition, counter affidavit shall be filed within four weeks. Rejoinder be filed before the next date. Listen 25th July, 2012.