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2019 (4) TMI 1854
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....he petitioner is that in Suo Moto Writ Petition No. 1/2020 before the Hon'ble Supreme Court, there was a direction to release prisoners who have charged with offences punishable with 7 years imprisonment or less than that. Though the petitioner does not challenge the High Powered Committee's Order of this Court however considering the conditions in Tihar Jail petitioner should also be released on bail. Learned counsel for the petitioner submits that the FIR in question was registered in March, 2013 and investigation is going on since last 7 years. The charge sheet was filed by the CBI in the year 2017. The petitioner has been extradited from Dubai on 4th December, 2018 after filing of the charge sheet, however, further investigation is still going on after filing of the charge sheet. The petitioner has been interrogated continuously for 30 days by both CBI and Enforcement Directorate after his extradition on 4th December, 2018. From 5th January, 2019, the petitioner is in judicial custody. Permission for further investigation was granted by the Special Court, which is going on since last three years whereafter CBI is intending to file the supplementary charge sheet. The petitioner ....
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....n two grounds i.e. keeping in view the present Covid-19 pandemic and the overcrowding in jail, thereby social distancing not being maintained and secondly, the petitioner claims parity with the co-accused on the ground that they have been released, however, the second issue would be relevant while hearing the regular bail applications. Even in the order of the Hon'ble Supreme Court in its Suo Moto Writ Petition (C) No. 1/2020 on 23rd March, 2020, Hon'ble Supreme Court directed constitution of the High Powered Committees by different States and High Courts to consider the criteria for release of prisoners who have been convicted to be released, on parole and who are undergoing trials for offences punishable with sentence for imprisonment of seven years or less. The High Powered Committee constituted under the Chairpersonship of Hon'ble Ms. Justice Hima Kohli has specifically excluded cases of foreign national, prisoners involved in more than one case and cases under PMLA. Thus, the petitioner is not entitled to be released pursuant to the suo moto directions of the Hon'ble Supreme Court dated 23rd March, 2020 as he does not follow these three criterias. Even on merits, the petitione....
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.... to the P.C. Act, sanction is required even for retired government servant, filing of the charge sheet is awaiting the sanction to be received. 5. Learned counsel for the Enforcement Directorate objects to the maintainability of the application on the ground that the same is supported by the affidavit of the counsel and not the petitioner. He contends that the petitioner is presently lodged at the safest place in the country being the Tihar Jail. There is no threat of the petitioner coming on contact with any Covid-19 patient and thereby, his apprehension that due to his age, and being a British national, not accustomed to Indian conditions, his immunity is low, is totally unfounded. The petitioner's case that he has been fully co-operating and that the other accused at Italy have been exonerated, deserves to be rejected for the reason, the petitioner never joined the investigation at Italy and hence, his case has been kept separately. One of the ground for grant of bail to Rajiv Saxena besides being an approver was also the fact that Rajiv Saxena was suffering from Cancer and thus, on medical grounds, he was granted bail. Further, there is no likelihood of Rajiv Saxena not being ....
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....Court. Subject to the above observations, the Writ Petition is disposed of". 7. After the disposal of the writ petition before the Hon'ble Supreme Court learned counsel for the petitioner filed the two applications listed today which are yet to be numbered seeking grant of interim bail. In the meantime the Hon'ble Supreme Court took Suo Moto notice on the congestions in the various prisons in India and the present Covid-19 situation in the country. On 23rd March, 2020, the Hon'ble Supreme Court in Writ Petition (C) 1/2020 passed the following order:- "x xxx Having regard to the provisions of Article 21 of the Constitution of India, it has become imperative to ensure that the spread of the Corona Virus within the prisons is controlled. We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (i) Chairman of the State Legal Services Committee, (ii) the Principal Secretary (Home/Prison) by whatever designation is known as, (ii) Director General of Prison(s), to determine which class of prisoners can be released on parole or an interim bail for such period as may be thought appropriate. For instance, the State/Union Territor....
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....ing under Prevention of Corruption Act and Prevention of Money Laundering Act, the petitioner has not been released on bail. 9. Thus, this Court in terms of the decision of the Hon'ble Supreme Court is required to decide the interim bail applications on its merit as the regular bail applications of the petitioner cannot be decided at the moment. In the interim bail applications, the pleas taken by the petitioner are about the risk involved to him due to the prevailing infections due to spread of Covid-19 pandemic in the country, particularly, in view of the fact that the petitioner is aged 59 years of age is vulnerable and being a foreign national has compromised immunity level as per the climatic conditions of this country. The petitioner also states that the bail applications of the petitioner are pending since long and that the other co-accused has been released. As regards the other co-accused having been released as noted above in the arguments of the learned counsel for the CBI and Enforcement Directorate, Rajiv Saxena and Sushen Mohan Gupta have not been charge sheeted as accused in the CBI case and not arrested till date by the CBI. They have been arrested by the Enforceme....