COVID-19: Jails are more protected areas since they are insulated from outside Human Traffic; HC declines interim bail [Read Order]

Last week, the Delhi High Court denied granting interim bail to a convict defusing one of the contention raised by the Learned Counsel that jails are overcrowded and not safe in times of COVID-19 by stating that jails by nature are insulated from outside Human Traffic and thus a preventive place.

The Learned Counsel of the appeallant submitted that on the basis of Status Report filed (which was not produced before the Court), there are no COVID-19 positive case in the Tihar jail. She added that appellant’s wife is living alone and is suffering from anxiety (no medical report being prouduced as well).

The Court on this stated that if it accepts this bail application then any other convict who is undergoing a life sentence, or long term sentence, will raise such a ground to seek interim, or regular bail.

It added that unless there is some material to show that the appellant’s wife is undergoing some significant psychological, or mental illness, the plea cannot be considered for grant of interim bail.

As far as the safety of the appeallant at jail is considered, the Court opined that status reports in several other similar cases have revealed that though it may not be possible to maintain social distancing norms in Jails, masks are being provided to the inmates.

The Court stressed that jails by nature are insulated from outside Human Traffic and thus a preventive place.

It thus rejected the bail application and observed:

'Lack of social distancing norms, by itself, may not be a ground to seek interim bail when there is no reported case of Covid-19 within the four walls of the Jail.'

The order has been passed by Justice VIPIN SANGHI and Justice RAJNISH BHATNAGAR on 20-05-2020.

Read Order Here: