High Court directs fresh consideration of bail application in light of COVID-19 guidelines

The High Court quashed the Special Chief Judicial Magistrate's order rejecting the petitioner's bail application, directing a fresh consideration in line with the High Power Committee's directions for release on parole/interim bail due to the COVID-19 pandemic. The court emphasized adherence to the HPC's guidelines and ordered a reexamination of the application within a week.

---

---

Issues:
1. Impleading of Special Chief Judicial Magistrate as a respondent.
2. Consideration of release on parole/interim bail under the direction of High Power Committee (HPC).
3. Rejection of bail application by the Special Chief Judicial Magistrate.
4. Compliance with the directions issued by HPC.
5. Quashing of the impugned order and remand for fresh consideration.

Analysis:
1. The petitioner raised a concern regarding the impleading of the Special Chief Judicial Magistrate as a respondent, which was rectified upon the oral request of the learned Senior Advocate and was not objected by the Additional Advocate General. Consequently, respondent no. 3 was deleted from the array of respondents.

2. The petitioner contended that under the order of the Hon'ble Supreme Court, the High Power Committee (HPC) was constituted, and directions were issued for the release of prisoners on parole/interim bail due to the COVID-19 pandemic. The petitioner, arrested under specific sections of the CGST Act, argued for release based on the directions of the HPC and previous instances of granting bail to similarly situated prisoners.

3. The Special Chief Judicial Magistrate rejected the petitioner's bail application on the grounds that there were no pending bail applications before higher courts and no bail rejection order had been passed. The petitioner argued that the rejection was contrary to the directions of the HPC dated 30.4.2021, which did not impose such conditions for release on parole/interim bail.

4. The learned Additional Advocate General acknowledged the absence of conditions in the HPC's direction that justified the impugned order. It was agreed that the impugned order lacked merit and should be quashed, with a direction to reconsider the petitioner's application in line with the HPC's directions.

5. The High Court, after considering the submissions and the HPC's direction, found the impugned order lacking merit and quashed it. The Special Chief Judicial Magistrate was directed to reexamine the petitioner's application and provide a reasoned order within a week, strictly adhering to the HPC's direction issued on 30.4.2021.

---