The Supreme Court has given such a historic order, knowing which every prisoner in jail will be happy. Immediate announcement of the order of grant of bail will no longer be sufficient, as the Supreme Court has mandated that the same should be communicated to the jail authorities equally promptly so that the undertrial prisoner/convict can be released from custody immediately, on the same day or certainly by the next day, unless it is necessary to keep him in jail in other cases or due to failure to furnish the bail bond.
Bail order will have to be given by the High Court
The Supreme Court asked the lower courts concerned to report compliance with the bail orders to their high courts. However, the Supreme Court gave some leeway to the high courts, saying that if a bench feels that it will take time to give a reasoned judgment in cases requiring urgent orders, it can pronounce the main part of the judgment immediately and take further action on it in the next 15 days. However, the Supreme Court said that high courts have to upload all judgments within 24 hours of being pronounced.
The lower court should try to give its verdict in three months.
- At the same time, the Supreme Court, while accepting or modifying several suggestions given by Amicus Curiae Fauzia Shakeel, said that if the concerned judge or bench is not able to pronounce the verdict within three months, then the Chief Justice of the High Court will request him to pronounce the verdict in the next two weeks, otherwise the case can be assigned to some other judge/bench for fresh hearing and speedy decision.
- Apart from the steps to be taken by the Chief Justice, the Supreme Court gave liberty to parties in such situations to file applications for transfer of their cases to some other bench. The Court said that every judgment should mention the date on which the judgment was reserved.