Pune: The state prisons department has set the ball rolling for release of 141 undertrial prisoners on bail on
Samvidhan Divas, Nov 26.
The move, aimed at addressing issues of undertrial prisoners and decongesting jails, was initiated by Ministry of Home Affairs (MHA) following
Supreme Court's directive on Aug 23 this year seeking implementation of the provisions under Section 479 of the new Bharatiya Nagarik Suraksha Sanhita (BNSS).
The section provides for referring the cases of undertrials, who are not involved in offences punishable with death or life imprisonment and have served half of their punishment term, to the courts concerned for their release on bail.
In the case of first-time offenders, serving one-third of the punishment term in jail makes them eligible for release on bail, the section states.
MHA's director (prison reforms), Arun Sobti, on Oct 24 wrote to the chief secretaries, director generals and inspector generals of prisons of all states and union territories, seeking steps to implement the SC directive ahead of Samvidhan Divas.
"We have identified 70 eligible undertrials with good conduct, who served half of their punishment term, and another 71, who served one-third of their punishment term, for release on bail on Samvidhan Divas or Constitution Day. The BNSS provision would apply retrospectively to undertrials registered before July 1, 2024. Most of the undertrials are from Nagpur and Yerawada jails," special inspector general of police (state prisons) Jalindar Supekar told TOI on Tuesday.
"Of these, 115 proposals have already been sent to the courts concerned to secure bail bonds. The undertrials under judicial custody in the state jails cannot afford to take bails either because of financial constraints, and people known to them are not keen on standing as surety for them because of their involvement in serious crimes," he said.
Maharashtra has a total of 60 jails, including central prisons, district, women, and open jails, and collectively they account for 39,821 prisoners, he added.