Based on the orders in Shobha Gupta & Ors., Interim Bail has been extended for a further period of 30 days from the date of respective expiry of their interim bail period, on the same terms and conditions
By: Anish Khondo, 5th Year law Student at Christ (Deemed to be) University
Last year, the Delhi High Court in a previous order dated 02.12.2020, had extended the interim bails granted to 3499 Under Trial Prisoners (UTPs) for 45 days, which had come to an end by efflux of time from 02.12.2020 onwards.
A High Powered Committee (HPC) was constituted by the High Court of Delhi to decongest the jails to prevent the spread of COVID-19 (Novel Corona Virus)
and as per the recommendations of the HPC-
“dated 28.03.2020, 07.04.2020, 18.04.2020, 05.05.2020, 18.05.2020, 20.06.2020, 31.07.2020 30.08.2020, 24.10.2020 and 28.11.2020 and on the basis of the orders in” W.P.(C) 2945/2020, titled as Shobha Gupta &Ors. vs. Union of India &Ors – where“3499 UTPs were released on interim bail for a period of 45 days from the date of their respective release.”
Further, HPC in its meeting believed that “the interim bails so granted to 3499 UTPs by the respective Chief Metropolitan Magistrates/Metropolitan Magistrates needs to be extended for a further period of 30 days.”
It was also noted by HPC that it may not be possible to move individual applications before the concerned Chief Metropolitan Magistrates/Metropolitan Magistrates by the Legal Aid Counsel having noted that even Mr. Sandeep Goel, Director General (Prisons), reiterated the same request for extension of interim bails granted to 3499 UTPs, because of the prevailing pandemic situation.
Hence the division Bench of Justices Siddharth Mridul and Talwant Singh ordered that “the interim bails granted to 3499 UTPs, in view of the recommendations of HPC dated 28.03.2020, 07.04.2020, 18.04.2020, 05.05.2020, 18.05.2020, 20.06.2020, 31.07.2020, 30.08.2020, 24.10.2020 and 28.11.2020 and on the basis of the orders in Shobha Gupta &Ors. (supra), are hereby extended for a further period of 30 days from the date of respective expiry of their interim bail period, on the same terms and conditions.”
The court also ordered that “The Director General (Prisons) shall ensure that, this order is conveyed to all the 3499 UTPs by telephone, as well as, through all other available modes.”
Lastly, this case would be listed on 18.02.2021.