TaxTMI 
TaxTMI 
2020 (4) TMI 665
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....irus. 2. It has been contended on behalf of the petitioners that since a large number of inmates are confined in New District Jail, Nabha and the threat of spread of pandemic COVID-19 still looms large and since a policy has in fact been framed by the State Government for release of prisoners, the present petitioners deserve to be released on bail in terms of the policy . The learned counsel while referring to the policy(Annexure P-2) has submitted that as per the said policy the under-trials against whom cases have been registered for offences punishable for imprisonment for a period upto 7 years, are entitled to be released on bail and that the petitioners against whom a complaint has been filed under section 132 of GST Act 2017, which....
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....mmittee was constituted in State of Punjab, headed by Chairman, Punjab State Legal Services Authority and certain guidelines were laid for release of certain categories of prisoners. 6. Subsequently, vide order dated 13.4.2020, passed in I.A. No. 48260 of 2020 passed in SUO MOTU WRIT PETITION(Civil) NO.1. OF 2020, certain clarifications as regards order dated 23.03.2020 have been issued by the Supreme Court, the relevant extract of which reads as follows: " By order dated 23.03.2020, we directed the States/Union Territories to constitute High Powered Committees which could decide which prisoners may be released on interim bail or parole during the pandemic (COVID-19). The purpose was to prevent the overcrowding of prisons so tha....
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....soners to be released." ( emphasis supplied ) 7. The spirit of directions as issued by Supreme Court vide order dated 23.02.2020 and as clarified vide order dated 13.4.2020 may be discerned as follows: (i) The purpose of issuance of directions was to ensure that the respective States assess the situation in their prisons having regard to the outbreak pandemic and to consider release of prisoners on interim bail or parole to prevent overcrowding of prisons so that in case of an outbreak of corona virus in prisons, the spread of the disease is manageable. (ii) The nature of offence, the number of years to which a prisoner has been sentenced, the severity of the offence with which an under-trial is charged with or....
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....dfall for all the prisoners even when there is no imminent threat or apprehension within the jail premises as on date as regards spread of pandemic. It has been informed by learned State counsel that there is no reported case of COVID-19 within jail premises and that the fresh entrants, if any, are lodged separately. 10. It was on 24th March that a complete lockdown for 21 days was imposed in the nation which stands extended up to 3rd of May. Till 24th of March there would have been a regular inflow of fresh prisoners in the jail consequent upon arrest in freshly instituted cases or on account of convictions recorded just before the lockdown. However, after imposition of lockdown in the entire nation, everything has come to a grinding ha....