A single bench decision from Telangana High Court passed these guidelines.
V.Bharath Kumar Vs State of Telangana
Hence, this Court feels that an alternative mechanism shall be evolved to address the plight of these under-trial prisoners / accused:
- Parties Advocates shall download the order copy from the High Court’s Website along with case details which are available in the case status information
- While filing the memo on behalf of accused for furnishing sureties, the Advocate shall state in the Memo that he / she has downloaded the order copy from the High Court’s Website. The Administrative Officer Chief Ministerial Officer of the Court concerned shall verify the order from the High Court’s Website and make an endorsement to that effect and then shall place the same before the Court.
- The Public Prosecutor shall also obtain necessary instructions in this regard and assist the Court.
- The Presiding Officer, on the same day, shall dispose of the same and dispatch the release order to the jail authorities concerned forthwith through e-mail or any other electronic mode.
- In cases of anticipatory bail, the burden to verify the authenticity of the copy is on the Station House Officer concerned and if necessary, he should obtain necessary instructions from the Public Prosecutor’s Office and complete the process on the same day expeditiously as per law.
- The jail authorities on receipt of the release order shall release the accused forthwith.
- Registrar (Judicial) shall communicate copy of this order to:
- The Principal Secretary for Home Affairs, State of Telangana,
- The Director General of Police, State of Telangana,
- The Director of Prosecution, who, in turn, shall sensitize the police officers Station House Officers / Public Prosecutors and ensure implementation of this order
- Registrar (Judicial) shall communicate copy of this order to all the Principal District Judges in the State, who, in turn, shall sensitize all the Presiding Officers and ensure implementation of this order.
- Registrar (Judicial) is further directed to circulate the copy of this order to all the Bar Associations in the State through the Principal District Judges, so that they can effectively address their client’s cause.
- Registrar (Judicial) shall also issue a separate notification in this regard and the same shall be displayed in the High Court’s Website.
- These directions will apply to all bail application including bails in Criminal Revision as well as Criminal Appeals.
This order shall come into force from 22.11.2021.