Supreme Court in the case of In Re:-Inhuman Conditions in 1382 Prisons, [Writ Petition (Civil) 406/2013], issued specific directions: “4. In that view of the matter, it is deemed appropriate to direct immediate implementation of Section 479 of the BNSS by calling upon Superintendents of Jails across the country wherever accused persons are detained as undertrials, to process their applications to the concerned Courts upon their completion of one-half/one-third, as the case may be, of the period mentioned in sub-section (1) of the said provision, for their release on bail. This step will go a long way in easing overcrowding in jails which is the primary focus of this Court in the present petition. 5. The aforesaid steps shall be taken as expeditiously as possible, preferably within two months from today. Reports shall be submitted by the Superintendent Jails to their respective Heads of the Department within the same time line for a comprehensive affidavit to be filed by each State Government/Union Territory through their respective Chief Secretaries. The affidavits shall furnish the details of the number of undertrials who would be entitled to extension of the benefit of Section 479 of the BNSS, the number of applications moved before the concerned Courts for their release and the number of undertrials actually released by the date of filing of the affidavits.”
In such a backdrop, the continued incarceration of the first time offenders inside jail despite serving 1/3rd of the maximum sentence is indefensible. Considering the the mandate of Section 479 BNSS, there is no reason to further deprive liberty to the applicants who have spent more than 1/3rd of the maximum imposable sentence in jail.
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