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Arpita Chauhan   18 May 2021

Delay in hearing due to covid

Respected Sir,

There is this bail matter where a 17 year old is in jail under the POCSO Act, allegedly accused of rape. His matter is getting Postpone again and again because of the COVID-19 situation.

What I want to ask to the respected members is that, is there any legal remedy for him in the present case and what steps should be taken so that hearing can take place as soon as possible ?




 4 Replies

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     19 May 2021

Bail matter comes under Urgent matters and there is no restriction to take those matters during the Covid 19 situation,so either virtually or through physical presence,Bail matter can always be done,however, no adverse Order can be given in absence of any Lawyer. It is necessary on the part of your Lawyer to specify the urgency through put up / mentioning  before the Ld. Court.

P. Venu (Advocate)     19 May 2021

Yes, the onus rests with you lawyer in expediting the hearing.

T. Kalaiselvan, Advocate (Advocate)     19 May 2021

The court said that COVID-19 is a nationwide problem faced by the country and the same cannot be the sole ground for the grant of bail to the petitioner, in response to a bail plea which had been filed by the accused in a drugs case from Sirsa.

The Punjab and Haryana High Court in an order has said that the delay in trial in a case on account of COVID-19 pandemic cannot constitute the sole ground for grant of bail.

Since the accused has been remanded for a serious offence, you may have to wait for the court to hear the bail application.

In general even during the covid lockdown, the court are hearing bail applications


Dr J C Vashista (Advocate)     20 May 2021

Dear Ms. Arpita Chauhan,

You are well aware of the legal position qua grant of bail during pandemic conditions prevailing in the country, use your acumen for further proceeding.

Repeated query.

Please stop posting time pass queries. 

Thanks and regards

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