While hearing a suo moto writ petition instituted for the purposes of issuing a comprehensive policy strategy for grant of bail, the Supreme Court of India held that courts should impose realistic conditions of bail considering the economic and social position of the undertrial prisons or else the act of grant of bail does not subserve its purpose.

The matter was heard before the division bench comprising Justice SK Kaul and Justice Sudhanshu Dhulia 

During the last hearing, the Supreme Court of India said that, “If the bail bonds are not furnished within one month from the date of grant bail, the concerned Court may suo moto take up the case and consider whether the conditions of bail require modification/ relaxation”. 

It had also enquired the reasons for the non-release of prisons who had been granted bail. 

“We do believe that every endeavour be made by concerned courts that when they grant bail it must be fruitful as imposition of conditions of bail which, given the economic and social scenarios the person is unable to meet, does not subserve the purpose. Thus prompt attention to be given where order of bail has not resulted in release.”

It added, “We also believe that the development of a module for judicial officers along with the State Judicial Academy by NALSA can be useful as an educational exercise”.

[Case Title: In Re Policy Strategy for Grant of Bail SMW