COVID-19: affect under trail Prisoners of Delhi Suffering from HIV,Cancer,TB,Asthama etc. to get 45 days interim bail.

(Judicial Quest News Network)

In an attempt to decongest the overcrowding jails in and around Delhi on account of COVID-19 Pandemic, The High Powered Committee has resolved to extend the benefit of interim bail of 45 days to under -trials suffering from HIV,Asthama, Cancer and TB and other ailments.

This decision is taken undr the Chairmanship of Delhi High Court Judge and Executive Chairperson of Delhi State Legal Service Authority, Justice Hima Kohli.

The Hugh Powered Committee in its meeting said that “Those who are in Custody for a period of six months or more and facing trial in a case which prescribes punishment of 10 years up to life imprisonment and are not involved in multiple cases.”

Apart from this the following category of the UTPs, even if they fall in the above criterion, shall not be considered for the interim bail:

: Those who are facing trial Under Prevention of Corruption Act/PMLA/MOCOCA: and

• Cases being investigated by CBI/ED/NIA/Special Cell of Delhi Police, Crime, SFIO. Terror related Cases, Cases under Anti-National activities and Unlawful Activities (Prevention)Act etc.
• The Power Committee Further observed and refuse to pass any resolution in those regard.

The applications for interim bail of UTPs failing in abovementioned categories for being considered, should have a certificate of good conduct during their respective custody period from Jail Superintendent and a certificate from Jail Doctor certifying the illness, with which UTP is suffering, for him to qualify in the abovementioned category.

While issuing the orders “Chairperson of the Committee has directed Kanwal Jeet Arora, Member Secretary, Delhi State Legal Services Authority (DSLSA) to request District Judges to pass on directions to the Jail visiting Duty Magistrates as well as Sessions Judges on Duty/ Duty Magistrates in courts to take up these applications and if they opine that the under trial prisoners falling in the above mentioned criteria as well as the criteria adopted earlier, are to be released on bail, they may be released on ‘Personal Bond’, to the satisfaction of Jail Superintendent, so as to implement the social distancing policy of the Government”

[Read The Minutes of the Meeting]