Accused facing 7-yr jail term not to be arrested

BOX (NOT IN COPY): EXCEPTIONS

The exceptions in all cases was that the person was not involved in multiple cases or convicted for intermediate or large quantity recovery under the NDPS Act, snatching under Section 379B, under the provisions of the POCSO Act, rape, acid attack and terror-related cases

Saurabh Malik

Tribune News Service

Chandigarh, April 1

In an attempt to decongest the jails following Covid outbreak, the state guided by the Haryana State Legal Services Authority (HSLSA) has taken a slew of resolutions, including the decision against arresting accused booked for offences carrying less than seven years imprisonment and accepting consent of sureties through WhatsApp or SMS.

The meeting, held under the chairmanship of Justice Rajiv Sharma, was attended through videoconferencing by State Additional Chief Secretary Vijai Vardhan, Director General of Prisons K Selvaraj and Legal Services Authority member secretary Parmod Goyal. Senior Judge of the Punjab and Haryana High Court Justice Sharma is also the HSLSA executive chairman.

Among other things, it was decided that the investigating officers may be advised to avoid arresting first-time offenders booked for any offence punishable for imprisonment up to seven years, unless it was of utmost necessity for probe. The Police Commissioner and the district Superintendent of Police were directed to be asked to monitor such cases.

It was also decided that the consent of those standing surety in cases where convicts successfully availed regular parole may be taken through WhatsApp, SMS or call. Confirmation will be recorded in writing by the executive magistrate. In addition, a personal bond will be executed by the convict.

The meeting took note of the fact that district magistrates and divisional commissioner were involved in other important administrative work. As such, they will appoint “empowered executive magistrates” in each district to accept personal bond and sureties once parole was granted to a convict. It will be accepted through videoconferencing or at the jail gate. In case, the sureties were from outside the district, they will appear before the executive magistrate appointed in the district where they were residing. The surety bonds will then be accepted through videoconferencing between the two executive magistrates.

It was further decided that persons in judicial custody, awaiting the filing of challan, in cases carrying sentence up to seven years, and not involved in any other case, may be released on interim bail for six weeks, extendable up till eight weeks.

It was also decided that convicts undergoing sentence up to seven years but convicted in multiple cases may be released on parole for 45 days extendable up to 60 days. The precondition was that they had already undergone the sentence, were acquitted or sentenced to fine only in all other matters and were undergoing sentence in the last case with no other case under trial.

It was further decided that all convicts who had undergone substantive sentences, but undergoing sentence for non-payment of fine and were not involved in any other case, may be released on parole for six weeks, extendable up to eight weeks, on the execution of personal bond. Those undergoing civil or simple imprisonment were also asked to be released on interim bail/parole.