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Andhra Pradesh HC Issues Guidelines To Prevent Delay In Release Of Persons After Bail Due To Delay In Issuing Certified Order Copy

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Andhra Pradesh HC Issues Guidelines To Prevent Delay In Release Of Persons After Bail Due To Delay In Issuing Certified Order Copy
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The Andhra Pradesh High Court on Thursday took a serious note of delay in issuing certified copies of orders. The Court considered the delay in sanction of bails to undertrail prisoners as jail authorities are not getting the certified copies of bail orders of the High Court.

The Court was hearing a case registered under Narcotic Drugs and Psychotropic Substances Act.

The Single Judge bench of Justice Lalitha Kanneganti observed that, “This Court is conscious of the large number of cases pending before the Court, due to dearth of staff, it is difficult to issue the order copies within a short span of time. In cases, where the accused are entitled for statutory bail as they are languishing in jail for more than 60, 90 and 180 days, when default bail is granted, it was brought to the notice of the Court that there was considerable delay in dispatching the copy of orders. Hence, this Court feels that an alternative mechanism shall be evolved to address the plight of these undertrial prisoners/accused. Recently, the Hon’ble Apex Court has also taken a serious note of this issue.”

Further the bench noted that protection of personal liberty of an individual is undeniably a constitutional duty of this Court. Our criminal justice system always gives paramount consideration to the protection of the rights of the accused. Article 21 of the Constitution of India mandates that the personal liberty of an accused can be curtailed only after strict compliance with the procedure established by law. Sections 438 and 439 of Cr.P.C. ensures that the accused is not deprived of his personal liberty arbitrarily.

As per the issued directions, the Judicial Officers in the State shall bring to the notice of the Registrar (Judicial), the issues / hitches, if any, in implementing the directions of this Court. In case of anticipatory bails, the Police Officials shall bring to the notice of the Public Prosecutor, High Court about their difficulties in implementing the orders of this Court and the Registrar (Judicial) and learned Public Prosecutor shall place the same before this Court by the next date of hearing i.e. 31.08.2021.

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