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Prakash   16 May 2021

POCSO

Is granting bail owing only to CoViD is a healthy precedent ?


 6 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     16 May 2021

Hello,

As per my opinion, suffering from covid cannot be a ground for bail. The accused will be taken to the hospital for treatment during his custody. 

Pradipta Nath (Advocate)     16 May 2021

No granting bail due to covid is not a healthy precedent. 

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     17 May 2021

Where it is mentioned that Covid affected person gets automatic bail?

G.L.N. Prasad (Retired employee.)     17 May 2021

When the bail is given on a case-to-case basis on facts, at the discretion of the court, it can not become a precedent.

T. Kalaiselvan, Advocate (Advocate)     18 May 2021

It cannot be said to be precedent but a need based owing to the country's emergency situation due to the devastating pandemic.

A high powered committee constituted to decongest jails to prevent spread of COVID-19 has said there is a need to release prisoners on interim bail for 90 days or eight weeks parole in view of the 'alarming' and 'threatening' situation of the pandemic in the national capital.

The committee, headed by Justice Vipin Sanghi, observed that the entire country was 'engulfed' in the second wave of COVID-19, which according to the medical and expert opinion is more virulent and fatal in comparison to the last year's strain and in a matter of few weeks has left everyone 'gasping for air'.

'It has led everyone to struggle to breathe or with asphyxia, which is the most terrifying human experience. Breathing fresh air which one takes for granted and used to do more than a dozen times every minute, in the present circumstances has turned into an ordeal.

'Right to Life under Article 21 is the most precious Fundamental Right of every citizen of India. It unconditionally embraces even an undertrial/convict walled off from the society,' the committee said while laying down the criteria for release of around 4,000 undertrial prisoners (UTPs) on interim bail for 90 days.

The committee, which has been constituted on the directions of the Supreme Court, has also said that since its last meeting in February this year, the situation 'has taken a 360 degree turn and is becoming alarming with each day'.

sneha jaiswal   18 May 2021

Hello, Greetings of the day!
For the query you posted, I would suggest that:
Granting bail absolutely owing only to Covid-19 is not a healthy precedent, but to tackle the problem of congestion in prions and to maintain social distancing in this pandemic time with the subject to certain terms and conditions of granting bail set by the Hon’ble Supreme Court, is a healthy precedent. 
In an order dated 23-03-2020, the Supreme Court exercising its suo motu cognizance issued the guidelines to all the Union Territories and States to form High-Level Committees to decide the class of prisoners that would be released on parole or on interim bail. The time frame for which they should be granted parole is to be decided by the committee. These guidelines have been issued to decongest the prisons and to ensure social distancing among prisoners in the wake of the Coronavirus. 
Hope it helps
Regards,
Sneha Jaiswal
 

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