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[Covid-19]: Delhi HC extends interim bail for 45 days of Under Trial Prisoners

The Delhi High Court on May 9, 2020 {COURT ON ITS OWN MOTION v. GOVT OF NCT OF DELHI & ANR} ordered that the interim bails for a period of 45 days granted to 2177 Under Trial Prisoners (UTPs), in view of the recommendations of High Power Committee (HPC) dated 28.03.2020, 07.04.2020 and 18.04.2020 and on the basis of orders in WP (C) No.2945/2020 titled as “Shobha Gupta & Ors. vs. Union of India & Ors.” are extended by another period of 45 days from the date of their respective expiry of interim bails on the same terms and conditions.

The Court directed that Director General (Prisons) shall ensure that this order is conveyed to all the 2177 UTPs by telephone, as well as, through all other available modes. 

In the present case, for effective implementation of the directions issued by Hon’ble Supreme Court of India in Suo Moto Petition No.1/2020 - In Re: Contagion of COVID-19 Virus in Prisons vide its orders dated 23.03.2020 and 13.04.2020, a High Power Committee (HPC) was constituted by High Court of Delhi to decongest the Jails to prevent the spread of COVID-19 (Novel Corona Virus) and as per the recommendations of this Committee dated 28.03.2020, 07.04.2020 and 18.04.2020 and on the basis of orders in WP (C) No.2945/2020 titled as “Shobha Gupta & Ors. vs. Union of India & Ors.”, 2177 Under Trial Prisoners (UTPs) were released on interim bail for a period of 45 days from the date of their respective release. In its meeting dated 05.05.2020, the HPC noted that, the said period of 45 days in respect of some UTPs is going to expire on 09.05.2020 and for others it shall expire in coming days of May, 2020 and in the first week of June, 2020 but situation of the pandemic is still the same and the Central Government has already extended the Lock Down to 17.05.2020 and it may not be possible to predict definite date for resumption of normal functioning of Court system, so HPC was of the opinion that the interim bail so granted to 2177 UTPs by respective CMMs/MMs needs to be extended for a further period of 45 days. It was also noted by the Committee that in the present scenario, it may not be possible to move individual applications before concerned CMMs/MMs by Legal Aid Counsel, so the matter was placed before the High Court for considering the extension of interim bails of 2177 UTPs on judicial side.

The High Court in view of recommendations of HPC and prevailing circumstances extended the period of interim bail of UTPs as aforesaid. 

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