TaxTMI 
TaxTMI 
2020 (4) TMI 893
X X X X Extracts X X X X
X X X X Extracts X X X X
....ndamus or any other appropriate writ, order or direction the Superintendent of Jail, Tihar Jail to release the Petitioner on interim bail for a period of 60 days/eight weeks due to the outbreak of Coronavirus (COVID-19) in cases bearing (i) FIR No. 50 of 2019 dated 27.03.2019 registered at Police Station Economic Offences Wing ("PS EOW") New Delhi under Sections 409, 420 and 120-B IPC (hereinafter referred to as "FIR No. 50"), (ii) FIR no. 189 of 2019 dated 23.09.2019 registered at PS EOW, New Delhi under Sections 409 and 120-B IPC (hereinafter referred to as "FIR No. 189") and (iii) Case ECIR ECIR/05/DLZO-II/2019 dated 24.07.2019 registered by the Directorate of Enforcement ("ED") which are currently pending trial; B. Pass any other orde....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e petitioner as yet. 3. On 16th March, 2020 and 23rd March, 2020, the Hon'ble Supreme Court took up suo moto cognizance of the issue relating to health arising of the Covid-19 pandemic with regard to the inmates in prisons and remand homes vide Suo Moto Writ Petition (C) 1/2020 titled in Re:Contagion of Covid 19 in prisons. Pursuant to the directions of the Supreme Court dated 23rd March, 2020, a High Powered Committee of Delhi High Court issued criteria for release of under-trial prisoners in its meeting dated 28th March, 2020, which the petitioner claims to be completely discriminatory and arbitrary. On 26th March, 2020, the petitioner while in custody, prepared guidelines and Standard Operating Procedures (SOP) for managing health s....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... that he was only seeking interim bail and whatever be the nomenclature, the present petition be treated as one for interim bail. 5. Learned counsel for the petitioner seeks interim bail not on merits but on the ground, firstly, that with the over-crowding in the jails, no social distancing can be maintained and thus, there is every likelihood of the petitioner being infected with Covid-19 and secondly, that with the kind of experience the petitioner has in the health sector, particularly, his experience after having worked when the Uttarakhand was flooded, the petitioner be given an opportunity to do community service by grant of interim bail so that his efforts can result in an all India outreach and he will be able to initiate utilizati....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... not entitled to interim bail for de-congesting the prisons as he does not fulfil the three criterias, firstly, the petitioner is facing trial for offences punishable under Section 409 IPC which are punishable upto Life Imprisonment or ten years imprisonment; secondly, the petitioner is facing trial in more than one case and in all the three cases, he is not on bail and thirdly, the petitioner is facing trial in offences relating to the Prevention of Corruption Act and the Prevention of Money Laundering Act. It is further contended that in any case, the petitioner has been lodged in a Cell where the petitioner is alone and hence, as far as social distancing is concerned, the same is adequately taken care of in case of the petitioner. 7. Le....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... prayer of interim bail, petitioner is trying to seek relief indirectly, which directly has been denied to him. 9. Rebutting the arguments of the learned counsel for the respondents, learned counsel for the petitioner states that the petitioner is confining the present petition seeking interim bail on the grounds that there should be no over-crowding in jail and to tide over this pandemic of Covid-19 in which case, the petitioner on coming out will be useful to the society and shall duly contribute therein. Thus, by this writ petition, the petitioner only seeks interim bail as stated in the prayer clause. Due to over-crowding in the jail, no social distancing is maintained, thus, there is risk not only to the petitioner but to the other pr....