Law Commission's views sought on scrapping of bail law: Govt to Delhi HC

New Delhi: Government on Wednesday told Delhi High Court that it has sought views of the Law Commission on setting aside of a Criminal Procedure Code provision that mandates furnishing of a bond by a person for release from prison even after his acquittal in a criminal case.

A bench of Chief Justice G Rohini and Justice R S Endlaw was informed by the Additional Solicitor General Sanjay Jain, appearing for the Union Home Ministry, that the Centre has already sent a recommendation to Law Commission and sought their views.

"Recommendation in regard to amendments in the CrPC is pending before the Law Commission of India and it has been requested to examine and give its findings on all aspects of criminal law...," ASG Jain said, adding that an identical issue was also pending before the Allahabad High Court.

Agreeing to ASG's submission and the Delhi Government's report that there was no prisoner languishing in jail who has been acquitted in the case, the court said that "now it (plea) does not appear to be an issue at all. We are satisfied with the report and submissions, the petition is disposed of".

Standing counsel for Delhi government Zubeda Begum informed the court that there are only four such prisoner lodged in jail. "They are lodged in jail as they are required in another case," she said.

Earlier, the court had sought response of the Centre and jail authorities on Delhi State Legal Services Authority's plea, seeking 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."