In a significant relief for thousands of undertrials languishing in jails due to their incapacity to pay their bail bonds, the Bombay High Court has held that the authorities should strictly go by laws under the Criminal Procedure Code wherein such persons can be declared indigent (poor or needy).The order came on a bail application moved by an undertrial Shivaji Gavade Patil whose bail was rejected.However, during the hearing of the application the issue regarding prisoners who were granted bail in bailable offences but could not furnish the bail bond was raised.A division bench of Justice F I Rebello and Justice Ashutosh Kumbhakoni has now decided to monitor the situation for a year and has directed all the sessions judges in the state as well as Goa and Daman and Diu to call for periodical records from the Magistrates and jail superintendents to apprise them of the situation.Through an amendment to section 436 of CrPC in 2005 it was decided that if a person is granted bail and he is unable to furnish the bail bond within seven days then he should be declared indigent and be released from jail. The judges had also visited jails in Ratnagiri and Yerawada after which amicus curie was appointed to assist the court in the issue.The court observed that the state government and jail authorities cannot ignore the law and should not allow such persons to stay inside jail.Amicus Curie in the case Yug Mohit Chaudhry had pointed out that there thousands of such cases in various jails across the state.The matter will come up for hearing in November.
