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New Delhi :

The National Legal Services Authority (NALSA) told the Supreme Court on Tuesday that as per the latest data, around 5,000 undertrials were in jails despite being granted bail, out of which 1,417 have been released.

In its report submitted to the apex court, NALSA said it is in the process of preparing a 'master data' of undertrial prisoners who were unable to pay the bail amount due to poverty.

This is also one of the reasons for his not coming out of jail.

The Supreme Court, in its order of November 29 last year, had raised the issue of undertrial prisoners who are continuously in jail, who despite being granted bail, are in jail because of not fulfilling the condition of bail.

This order of the Supreme Court on November 29 came after President Draupadi Murmu's speech on Constitution Day on November 26 last year.

President Murmu in his address mentioned the suffering of the poor tribal people of Odisha and Jharkhand.

The President had said that despite getting bail, he is in jail due to non-arrangement of the bail amount.

The matter related to the policy strategy of granting bail came up for hearing on Tuesday before a bench of Justice SK Kaul and Justice A S Oka.

Advocate Gaurav Aggarwal, who is assisting the top court as an amicus curiae in the matter, referred to the report presented by NALSA.

NALSA said that by December 2022, data has been received from almost all the SLSAs of the states.

On the basis of this, it has been said in the report that despite getting bail, the number of prisoners living in jail was about 5000, out of which legal aid was provided to 2357 and 1417 prisoners have been released. It has been said in the report that after getting bail Despite this, one of the main reasons why the accused are in jail is that they are accused in many cases and they are not ready to pay the bail amount until they are granted bail in all the cases.

According to the SLSAs of different states, the number of undertrials who remained in jail despite being granted bail was 703 in Maharashtra (of which 314 were released), 238 in Odisha (of which 81 were released) and 287 in Delhi ((of which 71 were released).

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