The Centre today told the Delhi High Court that efforts are on to resolve the issue relating to setting aside of a CrPC provision that mandates furnishing of a personal and surety bonds by an accused for being released from jail after his acquittal.
The Centre, in its affidavit filed before a bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw, said the Law Ministry has given its suggestion on scrapping of bail law to the Law Commission.
"We have recommended to the Law Commission and it may submit its decision in parliament," the central government counsel said, adding that a similar issue is pending before the Allahabad High Court.
It further said steps are taken to make necessary amendment in Section 437A of the Code of Criminal Procedure (CrPC).
The Centre's and jail authorities' response were sought by the court during hearing of a PIL filed by Delhi State Legal Services Authority (DSLSA) which has sought scrapping of Section 437A of the CrPC under which "an accused who is in custody but is acquitted in a criminal case cannot be released from jail until and unless he furnishes a bail bond and sureties."
"The said Section was introduced by the legislature with the sole objective that till the order of acquittal passed by the trial court attains finality, the accused is legally bound to appear before the appellate court," the plea said.
However, it has been seen that some acquitted persons remain behind the bar as they fail to furnish the mandatory personal and surety bonds for the release, it said.
