The Supreme Court of India has agreed to hear a petition seeking systemic reforms in the verification of bail sureties through digital technology, aimed at addressing the persistent problem of prisoners remaining in jail despite being granted bail due to delays in procedural formalities.
A bench comprising Justice Vikram Nath and Justice Sandeep Mehta issued notice on the writ petition and also directed the impleadment of the National Legal Services Authority (NALSA), through its Member Secretary, to assist in the matter.
The petition has been filed by Rocky Abraham, a senior citizen who has been residing in Italy for over two decades. In January this year, he was arrested at the Delhi Domestic Airport under Sections 39/49/51 of the Wild Life Protection Act, 1972, on allegations of transporting a “deer horn” from Italy valued at approximately 20 Euros.
Although he was granted bail, the verification of sureties caused a prolonged delay in his release. The sureties had traveled from Kerala to Delhi, but due to the conventional police verification process, the petitioner spent eight additional days in jail after securing bail.
Larger Issue: Systemic Delay
The core issue raised by the petitioner is the outdated and cumbersome system of bail surety verification in India. The plea highlights that:
• Sureties often reside in distant or remote places, making it difficult to execute bail bonds quickly.
• The police must physically travel to such locations for verification, which takes considerable time.
• In many cases, despite bail being granted, the accused remains incarcerated because of these delays.
• Courts generally accept sureties personally known to the accused, further restricting options.
The petitioner argues that in today’s era, when people frequently travel across India and abroad, digital methods of verification using Aadhaar, online records, and secured portals could drastically cut down on delays, ensuring immediate release of prisoners who have secured bail.
The petitioner has urged the Supreme Court to direct the Union Government, Delhi Government, and Delhi Police to adopt technological solutions for execution and verification of sureties. Additionally, he has sought certain personal reliefs, including:
• Return of his passport.
• Modification of bail conditions restricting his foreign travel.
• An independent inquiry into alleged ill-treatment at Tihar Jail.
The Supreme Court has listed the matter for hearing on September 15, 2025. Advocate Wills Mathews appeared on behalf of the petitioner.
This case underscores the pressing need for judicial reforms in bail procedures, ensuring that grant of bail translates to immediate freedom rather than prolonged incarceration due to outdated administrative hurdles.
