Today i.e. on Tuesday, the Supreme Court has granted bail to AAP leader Sanjay Singh in the money laundering case related to the Delhi liquor scam case. At the same time, ED has not opposed Sanjay Singh’s bail plea in the Supreme Court. But the question is how much time does it take for an accused to be released after getting bail. In simple language, how much time does it take to get out of jail after getting the bail order from the court?
Sanjay Singh’s case
The latest case is of AAP leader Sanjay Singh. Therefore, first of all we will tell how much time will it take for Sanjay Singh to come out of jail after getting bail. Actually, the bail order from the Supreme Court will first go to Rouse Avenue Court and the bail conditions will be decided there. After which, after filling the bail bond, the release order from the court will be sent to Tihar Jail. Only after which Sanjay Singh will be able to come out of jail.
How much time does it take for an accused to be released?
The Supreme Court’s order regarding bail is that when the court grants bail to an under-trial or convict, then the jail administration will start further proceedings. At the same time, if the prisoner is not being released after getting bail within 7 days, then the Jail Superintendent has to inform this to the District Legal Services Authority. Delhi High Court had earlier told the jail administration that by preparing SOP, it should be ensured that the prisoners who have been granted bail should be released from jail within a period of 48 hours. The court had also said that in a situation like a funeral, this period should be of 5 to 6 hours.
Supreme Court instructions
• The court which grants bail to an undertrial prisoner/convict must send a soft copy of the bail order to the prisoner by e-mail through the Jail Superintendent on the same day or next day. The jail superintendent will have to enter the date of grant of bail in the e-jail software or any other software being used by the jail department.
• If any accused is not released within a period of 7 days from the date of grant of bail, it shall be the duty of the Jail Superintendent to inform the Secretary of the District Legal Services Authority. At the same time, Para Legal Volunteer or Jail Visiting Advocate can be appointed to assist and negotiate with the prisoner in every possible way for his release.
• Apart from this, NIC will try to create necessary fields in the e-jail software. So that the date of grant of bail and the date of release can be recorded by the jail department. If the prisoner is not released within 7 days, an automated email can be sent to the Secretary, DLSA.
• The Secretary of DLSA can take the help of probation officers or para-legal volunteers to find out the financial condition of the accused. So that a report can be prepared on the socio-economic condition of the prisoner. Which can be placed before the concerned court with a request to relax the bail conditions.
• Also in cases where the undertrial or the convict requests that he furnish a surety bond or surety once he is released. At that time, in an appropriate case, the court may consider granting temporary bail to the accused for a specific period, so that he can furnish a surety bond or surety.
• Further, if the bail bond is not presented within one month from the date of grant of bail, the concerned court may take suo motu cognizance of the matter and consider whether there is a need for modification/relaxation of the bail conditions.
• The Supreme Court said that one of the reasons for the delay in the release of the accused/convict is the insistence on local bail. It is suggested that courts should not impose conditions of local bail in such cases.
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