Ranchi(New Delhi) : In a landmark and humanitarian judgment, the Supreme Court of India has ruled that prisoners who have been granted bail but are unable to furnish bail bonds due to financial constraints must be released with the assistance of the government.
The apex court directed that the District Legal Services Authority (DLSA) will provide the required bail amount for such inmates, ensuring that no individual remains imprisoned merely because of poverty. The court observed that “the right to justice is not a privilege for the wealthy, but a fundamental entitlement for every citizen.”
Thousands Still Behind Bars Despite Bail
Across India, thousands of undertrial prisoners continue to languish in jails despite being granted bail, solely because they cannot afford to pay the bail bond or surety amount. The Supreme Court termed this condition as a form of “constitutional inequality,” emphasizing that the justice system’s purpose is not just punishment, but also the preservation of human dignity.
Standard Operating Procedure (SOP) Issued
To implement the order effectively, the Supreme Court has also formulated a Standard Operating Procedure (SOP). Under this framework:
Each DLSA will identify cases where prisoners remain in jail despite being granted bail.
The government, through DLSA, will arrange the necessary bail amount for eligible inmates.
Coordination between jail authorities and courts will be strengthened to ensure speedy release without administrative delays.
A Step Toward Equal Access to Justice
Legal experts have hailed the Supreme Court’s decision as a milestone in ensuring equal access to justice. The judgment is expected to bring relief to thousands of economically disadvantaged prisoners who have been compelled to remain behind bars due to their inability to furnish bail bonds.
The Court has also directed the Central and State Governments to implement this order immediately, ensuring that “no person suffers imprisonment simply because of poverty.
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