Saturday , November 16 2024

Delhi News: Release prisoners serving third term of maximum sentence: SC | News India

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The Supreme Court has allowed the release of undertrial prisoners who have served one-third of the maximum jail sentence for any charge.

There is a provision for this in Section 479 of the Indian Civil Defense Code. According to this provision, bail will be granted to the undertrial prisoner who has served one-third of the maximum jail sentence. This law has come into force from July 1. The central government told the court that this provision will also apply to cases before July 1. It is worth noting that earlier there was a provision in the CrPC that only the prisoner who has served 50 percent of the maximum sentence in jail will get bail. The Supreme Court approved the new provision and directed the jail superintendents across the country to implement it. The court said that after the completion of one-third of the period, the petitions of the undertrial prisoners should be processed through the concerned courts. The court ordered to complete the work within a maximum of three months so that the prisoners can celebrate Diwali with their families. This important decision was given by a bench headed by Justice Hima Kohli of the Supreme Court.

Court order to ignore the date of arrest

On the request of ASG Aishwarya Bhati, a bench of Justice Hima Kohli and Justice Sandeep Mehta said that this section will apply to all remand prisoners, irrespective of the date of arrest. They can take advantage of it. The court said that prisoners who have completed one-third of their sentence should be released on bail and the report should be sent to the concerned department of the state or central government.